Research On Entitlement Of Personal Information

In recent years,the rapid popularization of the Internet and the rapid development of modern information technology represented by "big data" have promoted the rapid transformation of society to information technology and into the big data era.As big data's "cell",personal information has increasingly become an important resource in the modern information society,which makes the situation of personal information protection more severe.The General Rules of the Civil Law of the People's Republic of China(hereinafter referred to as the General provisions of the Civil Law),as the opening book of the Civil Code of China,have made provisions on the protection of personal information in accordance with the development of the times in Article 111,which embodies the distinctive characteristics of the times.This reflects the distinctive characteristics of The Times,becomes one of the highlights of the general principles of civil law,and attracts wide attention and universal recognition.However,it can be found that article 111 of the General Rules of Civil Law explicitly states that though the personal information of natural persons is protected by law,but the term "personal information right" is not adopted.On the basis of demonstrating that the right of personal information has not been established in Article111 of the General Rules of Civil Law,this paper studies the right of personal information in order to benefit the establishment of the right of personal information in the law of our country.This paper consists of five chapters:The first chapter briefly introduces two different views on whether the right to personal information is established in article 111 of the General Rules of the Civil Law.By interpreting the meaning of article 111 and questioning the main reasons for affirming the right of right,the author argues that "the right to personal information is not established in article 111 of the general principles of the civil law".The second chapter carries on the research on the right to personal information under the premise that the right to personal information is not established in Article 111 of the General Rules of Civil Law.This chapter expounds the legitimacy and importance of personal information interests on the basis of demonstrating that "legitimacy" and "importance" are the necessary conditions for the right to benefit,thus explaining that the interests of personal information conform to the necessary conditions of the right to benefit.Third chapter from the perspective of "necessity" of the right of personal information for further research,mainly from the current existence of the reality of strengthening the protection of personal information need to call for personal information right and private right to set into to reflect the constitutional concept of human rights and human dignity value pursuit of personal information to protect the primary means of two aspects of personal information right has the necessity.The fourth chapter takes the "feasibility" as the entry point to conduct a further study on the right to personal information,and mainly demonstrates the feasibility of the right to personal information from the perspective of China's legislative practice and the legislative practice of countries and regions outside China that are representative in the legal protection of personal information.The fifth chapter is the final chapter of this paper.After the argumentation of "the capability of right-rization","the need of right-rization" and "possibility of rightrization" of the right of personal information in the preceding chapter,the right of personal information is finally established,so this chapter designs the right of personal information naturally.Through defining the right to personal information and dividing the right to personal information and related rights and interests,this paper sets up a framework for the right to personal information from the internal and external perspectives of the right to personal information,in order to draw a preliminary blueprint for the future establishment of personal information rights in China,and finally to complete the complete research on the right of personal information rights.