A Research About The Right To Personal Information

In recent years,personal information security incidents make people realize the urgency and reality of personal information protection.and strengthening the protection of personal information is not only the perfection of citizens’ rights,but also an important link in the construction of national network.Most countries in the world have either begun to construct or already have personal information protection systems.The United States recognizes personal information as one of the elements of the right to privacy and protects personal information in the form of separate legislation in specific areas;most countries on the European continent protect it through the direct enactment of specific laws;Italy protects personal information in the form of a code and has developed the only personal information protection code in the world,but our country is still in a state of legislative gap in this regard.Based on this,this paper starts with the establishment of the right of personal information,combined with domestic and foreign legislation and research situation,and puts forward its own views on the construction of personal information right in China,in order to increase the available research data for the formulation of personal information protection law.There are six parts except the introduction:The first part is personal information and the right to personal information.First of all,through the comparison of international and domestic research,this paper defined the concept,appellation and protection scope of personal information.Secondly,combined with the theoretical research and legislative status of our country,this paper analyzes the elements of personal information,and refines its essential and formal elements.Finally,from the legislative status quo,theoretical basis and practical needs of three aspects,elaborated the necessity of the establishment of the right to personal information.The second part is the right attribute of the right to personal information.At present,the legal attribute of the right to personal information has not been determined,and the academic community has also put forward a variety of theories and views on this issue.Based on the analysis of the theories of personality right,privacy right,new right and legal interest,and combined with the legislative practice of our country,the author concludes that the personal information right in our country should be a specific personality right under the personality right.The third part is the right subject of the right to personal information.Through the comparative analysis of the right subjects in the legislation of foreign countries,and combined with the practice of our country,it is concluded that the natural person is the right subject and the only subject of the right to personal information.Although the legal person and the non-legal person organization enjoy some rights in the personality right,but they can’t become the main body of the right to personal information because they don’t have the personality attribute.Family,fetus and the dead are not the subject of personal information right,too.The fourth part is the right content of the right to personal information.This part clarifies the basis of the construction of the right to personal information system in various countries,and reveals that the system of the right to personal information in China should be based on the absorption and internalization of information self-determination.Based on this,combined with the content of the rights that have been stipulated in the law of our country,it is concluded that the personal information protection law of our country should give the right subject control right,the right to know,the right to portability,the right to rectification and the right to erasure.The fifth part is the civil relief of the right to personal information.In this part,the author reveals that the civil relief of personal information can be divided into two parts:the right of claim for tort and the right of claim for personality.However,unlike France and Germany,the right of claim for personality n our country only draws on its function rather than the right mode in the complete sense.The sixth part is the conclusion.The data age has come,and personal information is in urgent need of protection.On the basis of balancing information protection and information circulation,China should realize the establishment of personal information right as soon as possible on the basis of balancing information protection and information circulation.So as to improve the domestic personal information protection system and integrate with the international rules of personal information protection as soon as possible.