Research On The Legal Protection Mode Of Personal Information In China

In the Internet age,information security issues are becoming increasingly prominent.The excessive collection,illegal use and trading of personal information gradually threaten the personal safety and property safety of the public.Therefore,it is imperative to establish a complete and effective personal information protection system in my country.In order to make our country have a better choice in the personal information protection model,it is necessary to take history as a mirror and explore the changes in the basis of personal information protection rights,legislative concepts and legislative models in the United States and Germany,which have rich experience in personal information protection systems.At the same time,combined with my country’s national conditions,explore the "Chinese model" of personal information protection.This article is divided into five parts to elaborate.Chapter 1 expounds the concept,attributes and characteristics of"personal information".Because the definition of privacy and association cannot draw the boundaries of personal information,the identification theory should be adopted to clarify the definition of personal information.At the same time,through theoretical analysis,it is concluded that personal information belongs to the object of personality rights rather than the objects of ownership and privacy.Combined with the current situation of frequent personal information infringement incidents in our country,it leads to the necessity of protecting personal information.Chapter 2 discusses the origin and development of the "right to privacy" system in the United States from the perspective of comparative law,and finally the process of serving as the basis of personal information protection rights.In the legislative mode,the United States has chosen to combine decentralized legislation with industry self-discipline under the support of the legislative idea of paying attention to the free circulation of personal information.This paper analyzes the shortcomings of the author’s privacy protection model,and points out that there are deep differences between the privacy systems of China and the United States,as well as the different legal backgrounds of the two countries,so our country is not suitable to adopt this model.Chapter 3 discusses Germany developed the right of information self-determination from the general personality right and regarded it as the basic right of information subject to control personal information.Under the legislative idea of paying attention to the protection of personal information rights and interests,it chose a unified legislative model.Through the above analysis,the author analyzes the advantages and disadvantages of the general personality right protection mode in Germany,and points out that the protection of personal information attributable to general personality rights is not in line with the actual situation of our country’s legislation.Chapters 4 turns the perspective to the field of Chinese law,and introduces that our country adopts a "Chinese model" different from the United States and Germany in terms of personal information protection.In the protection of personal information,my country has shown the gradual changes and progress from the initial indirect protection model of privacy rights to the direct protection model of personal information rights established by the Civil Code to the personal information protection model after the introduction of the Personal Information Protection Law.In the chapter 5,the author discusses the personal information protection model that my country should adopt on the basis of the model of the United States and Germany and the historical experience of our country.Whether it is the indirect mode of protection by means of"privacy rights" and "general personality rights" or the direct protection mode of legal interests,there are certain defects.When building a personal information protection model,our country should firmly base itself on its own national conditions,pay attention to its own historical and cultural background,values,and legal basis,and establish a "Chinese model"for personal information protection that conforms to my country’s national conditions.A series of suggestions are put forward,such as adopting a balanced legislative concept to establish a system of personal information rights;at the same time,choosing a comprehensive legislative model,combining national legislation with industry self-discipline,and distinguishing legislation for information processing behaviors of state agencies and non-state agencies.