Personality Right Protection Of Personal Information By Law

Personal information is a new thing in the network era,which can not be simply applied to the traditional theory of rights to determine whether it can become a right.For the right protection of personal information,first of all,it is necessary to make clear whether it can become a right,then what kind of rights it should have,and finally how it should be protected by legislation.Based on the three value attributes of personal information,this paper defines personal information as a special personality right,and puts forward the corresponding legislative ideas.The first chapter is the theoretical preparation of whether personal information can become the right of personality.Although the personality of personal information is important,it can’t be a right directly.Therefore,only from the personality of personal information,research perspective is single,can not provide enough theoretical basis for personal information.If personal information wants to be a kind of right,we should start from three aspects: first,the personality of personal information;second,the interest of personal information;third,the sociality of personal information.The second chapter constructs the theory of personal information as a special personality right.From the perspective of the socialization of personal information,the current theory of single interest and dual interest of personal information can not meet the protection and utilization needs of personal information,so re examining the interests of personal information is bound to become the core of its future legislative protection.In the environment of information society,personal information has obvious social brand,which determines that personal information must become a special personality right.Therefore,personal information has three benefits.Therefore,we can not simply think that the dual interest system of personal information can solve the problem of personal information protection.In order to meet the public interest of personal information,the emergence of the government has added new interest subjects for personal information,formed a tripartite interest subject system of personal information subject,information collector and government,and formed a new interest pattern of personal information personality interest,property interest and public interest ternary interest theory.The theory of ternary interests provides a new way to solve the problem of personal information protection in China: by discussing the sociality of personal information,it is found that the socialization of personal information is the result of the socialization of personal information personality interests and economic interests,which determines the particularity of the ternary interests of personal information rights.Whether personal information becomes an integral part of the law of personality right or not depends on the personal interest of personal information to a great extent.Whether it is the commercialization of personal information or the socialization of personal information,both of them fail to eliminate the personal interest of personal information right,which also destines that personal information should be protected by the law of personality right.The third chapter examines the legislation of personal information,and puts forward corresponding suggestions.On the basis of clarifying the right form of personal information,defining personal information as a special personality right is not enough to protect personal information.The legislation of personal information is an inevitable way to protect the right of personal information.Specifically,the civil code not only strengthens the protection of personal information,but also clarifies the protection path of personal information.In order to protect personal information better,we should examine the existing legislative content of personal information protection and improve the legislative provisions of personal information protection.On the basis of the theory of ternary interests,three aspects should be highlighted in the content of personal information protection: first,to clarify the processing principles of personal information;second,to divide the responsibility of the subject of personal information;third,to improve the legal responsibility of infringing personal information.Based on the attribute of the three interests of personal information,the legislative direction of personal information should form a system of interests centered on the protection of personal information’s personal interests and secondary on the protection of personal information’s property interests and public interests,so as to realize the coordination of multiple interests of personal information.