A Study Of The Personal Information Protection By The Private Law

Personal information represents a great value in an age of big data and is also in a decisive position in our social lives as it is an important power that advances the social development.Along with the wide application of network and booming IT development,the information processor can acquire personal information swiftly so as to provide more targeted information for individuals,which,to a great extent,can bring convenience to people’s work and lives.At the same time,personal information protection is also facing unprecedented challenges,with the unlawful acts become more hidden and the cost of unlawful acts becomes cheaper,it intensifies the possibility of personal information infringement.At present,the importance of personal information protection is more prominent at this crucial period characterized by fast-changing information technology and social transformation.The reliance on legal measures to regulate those acts,including the collection and use of personal information,is an important means to protect personal information and bring its value into play.The balance between the realization of the protection of the rights and interests related to personal information and the promotion of the reasonable use of information has already become an unavoidable and unignorable issue in either the theoretical or the practical circle.For this reason,this paper will study the issue from the following aspects.The first part of this paper covers the definition of relevant concepts relating to personal information.In this part,the connotation of personal information is analyzed from 3 aspects respectively,namely the name,content and expression.On this basis,it is concluded that the subject of personal information is a natural person with identity,bearing the dual-characteristic of being personal and being a property.After that,the differences among personal information,private information and sensitive information are discussed in order to further clarify the concept of personal information.The second part is the necessity of personal information protection and the legislative evolution are discussed.Now the demand for personal information protection is greatly increased,and the traditional mode of personal information protection is not working properly,the real demand for the protection of personal information by private law has highlighted the necessity of the need to protect personal information.By combing through the relevant legislative protection of the personal information in China,including a detailed analysis of the important private law protection,this paper has summarized the legislative evolution rules with respect to personal information protection with an attempt to have an in-depth understanding of the legislative status concerning personal information protection in China.The third part is about the real cases relating to personal information protection.In this part,3 typical cases are selected for an in-depth study and also other relevant cases are taking into account for supplemental argumentation.The conclusion is drawn based on the analysis of cases.Through the conclusion drawn,this paper has examined the status quo concerning the protection of personal information by the private law,which specifically includes issues,such as the inadequate protection of the rights and interests relating to personal information by the existing mode,unclear distinguish between personal information and the right of privacy,the imbalanced relation between personal information protection and utilization,difficulties in providing relief to damages caused by infringement.The fourth part is the path for the improvement of the personal information protection by private law is discussed.Based on China’s legislative protection and judicial practice,the pattern for the protection of the “right to personal information” is established and relevant regulations with respect to personal information are detailed by clearly specifying personal information and the right of privacy.The purpose of balancing the relation between personal information protection and utilization is achieved by establishing the protection principle – “safety value first” and by constructing a protection system featuring “reinforcement at both ends ＆ balance among three parties”.The protection of personal information by private law is achieved through measures including the perfection of the relief mechanism for damage caused by infringement by applying the rules for the protection of the right of personality and optimizing the rules for compensation for moral damage.Through above study,this paper is expected to enrich from theoretical perspective the study of the protection of personal information by private law and also to provide from practical aspect some lines of thought for personal information protection.