Research On The Right Of Personal Information

Personal information,which can be used to recognize the special person,represents personal dignity,personal freedom and individual privacy so it embodies strong personality interests.But with the wide application of new technology represented by Internet,Big Data and Cloud Computing,personal information has been commercialized extensively and it becomes a kind of scarce resource gradually,making it a compound which consists of both personality interests and property interests.However,under the existing legal framework in China,personal information has not been recognized as a kind of right yet and it is protected only by the way of personality right,which is the greatest weakness in personal information protection.How to balance the protection of the personality interests and the property interests of personal information effectively as well as how to make personal information a kind of right is a topic of big data era in China.Research on the issues related to the right of personal information is beneficial to the construction of the right of personal information,the prominence of the property interests of personal information as well as the coordination of protection and use of personal information in China.Except for the exordium and the conclusion,this article is divided into four chapters.The first chapter reveals the issues about the existing circumstances of personal information protection in China.Despite progress in the personal information protection legislation in China,flaws and disadvantages still emerge.Among these issues,the greatest one is that personal information has not been recognized as a kind of right yet and it is protected only by the way of personality right with the lack of the way of property right in the civil law.Besides,the current judicial remedy is also full of drawbacks.These realistic issues need to be resolved immediately.The second chapter discusses the theoretical confirmation of the right of personal information.The value transformation of personal information is that personal information can make economic benefits and convert from personality symbol into economic value due to the application of new technology.The structure of personal information has already consisted of personality interests,property interests and public interests under the background of social value diversification.The personality attribute of personal information results from its identifiability and relevance with information subject,while the property attribute of personal information results from its independence,objectiveness,controllability,availability and deficiency.The legal system should respond to the personality interests and the property interests of personal information,at the same time,personal information possesses the legal basis of being a right,thus,only by making personal information a kind of right in the civil law can maximize the protection on both interests.There are three ways to achieve the goal,they are the right of privacy,the right to information self-determination and the right of personal information.By doing a comparative analysis of all of them,it is clear that the right of personal information should be the best way in China.The third chapter discusses the claims of rights related to personal information and attempts to explore a new claim of right of personal information protection.Under the background of the prominence of the property attribute of personal information,as well as the diversification of its interest structure,the long-term existent claim of personality right can’t protect the property interests of personal information any longer,so a new claim of property right needs to be bulit up.It shall consist of the claim of compensation for losses,cessation of infringement,elimination of danger,removal of obstruction and the interdict of the claim of the property right.Some liabilities of contract also can be solutions of personal information protection.It shall be made up of the liability for contracting negligence,the liability for breach of contract and the liability for compensation for losses.Only by such combination of the claim of personality right,the claim of property right and the liability of contract can meet various requirements of personal information protection.The fourth chapter proposes some advice regarding the right of personal information.This chapter is about some institutions which safeguard the right of personal information and they include legislative proposals,judicial proposals as well as supporting measures.