Research On The Comprehensive Legal Protection Model Of Personal Information

In the context of big data,personal information as a major social resource,known the gold and oil in the information age.However,rapidly development of Internet technology and the transformation of information processing methods,the risk of personal information becomes bigger and the phenomenon of infringement personal information occurs.Seriously affected people’s daily study and work and life,we must strengthen the legal protection of personal information.The comprehensive legal protection model of personal information is a strong response to this problem.It combines public and private law,and strengthen the coordination and connection between them to ensure that personal information can be protected to the greatest extent.Therefore,it is very necessary to study the comprehensive legal protection model of personal information deeply.For the study of personal information comprehensive legal protection mode,first from the basic theory level analysis,this part from the definition of personal information connotation,extension,characteristics,related notion,and then discusses the necessity about legal protection type of personal information,gives reasons the pure public law and pure private law protection cannot adapt to the development of information society,comprehensive legal protection mode has integration advantage.Then it analyzes the problems existing in the comprehensive legal protection mode of personal information,which roughly includes three aspects: public law protection,private law protection and coordination of public and private law.At the level of protection of public law,administrative organs may collect and disclose citizens’ personal information rights and interests based on their powers.At the same time,administrative supervision mechanism is defective,including unclear legislative provisions and poor administrative supervision.At the level of protection of private law,the positioning of private law protection is unclear and there are disputes over the ownership,divided into "right theory" and "benefit theory";the application scope of private law protection is unclear,it confuses the logic and function of public and judicial law protection.The proportion of judicial protection is small,and public law is the priority.Convergence of public and private law lack of relevant supplementary steps,practice is very difficult.The European Union,the United States and Japan have representative and forward-looking studies on the synthetic legal protection type of personal information.It can provide reference for the improvement of synthetic legal protection type in our country.Based on this,firstly,we can improve collection system of personal information,disclosure system and the administrative supervision mechanism,in order to solve the protection of public law level of the main problems.Secondly,at the level of judicial protection,protect rights and interests of personal information as the right of personal information,defining the position of judicial protection,distinguish the boundaries between public and private law protection,so as to clarify the scope of private law protection,and strengthen the current protection standard of private law.Finally,strengthen the connection between civil law,administrative law and criminal law,adhere to the concept of “Personal Information Protection Law” and “Civil Code”,timely enter relevant complementary steps,so as to strengthen the coordination of public and private laws.