Research On Civil Law Protection Of Personal Information

Personal information is a value symbol with personal identity and a key to interpersonal communication.With the development and utilization of IT technology,the economic value of personal information has become increasingly prominent,and the way of information collection has become more convenient,secret and in-depth,which not only brings convenience to production and life,but also exposes personal information to potential risks of improper collection and processing.Therefore,it is very important to provide legal protection for personal information through reasonable system design.Based on the present situation of judicial practice as the breakthrough point,take the method of literature investigation,comparative study,empirical study,through the comparative analysis of the case,and recognize that there are many problems in the current judicial protection of personal information: first,through the right of privacy,reputation indirect protection of personal information,unable to provide effective protection for infringement of personal information.Second,the imbalance between the information subject and the information collector affects the fairness of the judgment to a great extent.Third,the rule of informed consent has not played a substantive role,and has not yet formed a unified understanding of the judicial application.Fourth,the liability for tort is unitary,and the information subject is difficult to get adequate relief.The current situation of the judiciary reflects the omission of legislation to a large extent,so it is necessary to improve legislation.At the legislative level,the right to personal information should be established,and the protection mode of "positive right confirmation + code of conduct" should be constructed to give direct protection to personal information.To reshape informed consent rules in terms of the content and manner of disclosure;to provide sufficient system supply for personal information protection,the method of inversion of burden of proof and the detailed compensation system for tort liability are adopted.