The Construction Of Personal Information Right From The Perspective Of Compilation Of Civil Code

In recent years,the personal interest damage caused by the poor protection of personal information has proliferated.In order to strengthen the protection of personal information,Article 111 of the General Principles of Civil Law regulates personal information,which has triggered scholars’ legal attributes on personal information There is fierce debate and there is no final conclusion.the Legislative Affairs Commission of the Standing Committee of the National People’s Congress launched the "Draft of Personality Rights",and Article 813 of Chapter VI,"Privacy and Personal Information",stipulates that "personal information of natural persons is protected by law",which has led to more intense discussions among scholars on the legal attributes of personal informationThe positioning of the legal attributes of personal information is crucial to the protection of personal information.At present,the scholars’arguments on the legal attributes of personal information mainly focus on the importance of personal information,the development of personal information protection in the perspective of comparative law,and the difference between personal information and privacy.There are few legal theories from the personal information itself.Firstly,on the basis of clarifying the theory of the relationship and difference between rights and legal interests,this paper clarifies the legal standard of legal interest as a right,and proposes to use the attributional efficiency,exclusion efficiency and social typical openness of the theory of equity differentiation to test whether a legal interest is legal.The standard of rights is reached;then the legislative standard that the legal interest rises to the right is clarified,and the standard of legitimacy is used to test whether a legal interest has reached the standard of rights in legislation.Then,after analyzing and expounding the opinions of scholars such as personal information rights and legal interests,this paper puts forward and discusses the core viewpoint based on the above-mentioned academic and legislative standards.Personal information should be defined as a right Furthermore,based on the attributional efficiency and the exclusionary effectiveness in the theory of the theory of rights and legal interests of academic standards,the specific powers of personal information rights are divided into positive and negative powers,and the legislative experience of personal information protection in other countries and regions is used for reference to explain each power separately.Finally,it is further proposed that in the "Draft of Personality Rights",the "personal information right"should be clarified,the existing unsuitable provisions should be revised,and the specific powers should be clearly defined.