Network News Infringes On Personal Information Right

The network security law of the People’s Republic of China(hereinafter referred to as "the network security law")promulgated in 2017 and the civil code of the People’s Republic of China(hereinafter referred to as "the civil code")adopted in 2020 officially confirmed the right of personal information.Personal information refers to the information recorded by electronic or other means,which can directly or indirectly identify the identity of a specific natural person.In the big data environment,personal information is everywhere,search technology is developing rapidly,and privacy is difficult to cover the field of personal information.At the same time,network news has become the most important way for the public to obtain information,and it has high efficiency,wide range and great influence.However,the phenomenon of information leakage,human flesh search and so on often appear in the network news communication,which leads to great loss of the rights of the focused objects,and even difficult to maintain their own rights and interests.Therefore,when we enjoy the convenience of the Internet,we should make good use of relevant laws,know the establishment conditions of the infringement of personal information rights by network news,and reduce the occurrence of infringement.The text is divided into four parts.The first part mainly summarizes the definition of network news and personal information right.First of all,network news is based on the network as the carrier,breaking the space and spreading news information at the first time.At present,its development features are divided into three aspects: user production content,new expression form,and information review difficulty.After that,clarify the theoretical basis of the protection of personal information rights,and pave the way for the following discussion on the specific phenomenon of the infringement of personal information rights by network news.First,the subject of personal information is a natural person,and it is recognizable.Second,distinguish the right of personal information,the right of privacy and the right of name from the definition and relevant legislation.Third,in the era of big data,the connotation of personal information is also constantly developing,and protection is facing new obstacles: "informed consent" mechanism is in trouble,and the boundary between personal information and non personal information is increasingly blurred.Fourth,as personal information has become an extremely important data resource,we should not only protect personal interests,but also take into account social interests.The second part,from the "four elements" of infringement and the principle of safeguarding public interest,discusses the establishment elements and defense reasons of the infringement of personal information rights by network news.First,illegal news acts have been carried out.Secondly,there is a causal relationship between the illegal act and the fact of damage.News infringing works must have clear and recognizable objects.Third,serious damage has been caused.For example,threatening personal safety,causing reputation damage,etc.Fourth,there are some faults in news communicators.In addition,because the network news has the social function of satisfying the public’s right to know,when the report involves the network news related to the general interests of the public,the scope of personal information can be appropriately expanded,as a necessary restriction on the above conditions.The third part,based on the three stages of information collection,content push and editing,discusses how the network news infringes the right of personal information.For the information collection stage,it mainly discusses how to correctly quote the personal information of the news parties on the social platform,as well as the "secondary use" of data news.For the content push stage,accurate push information may mean that users’ personal information can be leaked and violated anytime and anywhere.For the editing stage,taking the report of Chongqing Bus falling into the river,the report of "looking for Tang Lanlan" and the report of comfort women survivors as examples,this paper discusses specifically the phenomenon of infringement of personal information rights by Internet news.In the fourth part,aiming at the phenomenon of the infringement of personal information rights by the network news,the specific solutions are discussed with different actors as the objects.The legislature can make more comprehensive laws and regulations,while the executive should strengthen the supervision of the network news.The most important thing is that the news communicators should enhance the self-discipline consciousness of the industry,and the users should improve their own media literacy.