Research On The Protection System Of Personal Information In Civil Code

The protection of personal information is a fundamental issue that has emerged in modern society and has an all-round impact on human development and the national governance system.The protection of personal information needs to be regulated by a number of sectoral laws,forming a regulatory path in which public and private law work in tandem,with each sectoral law playing a different role in the legal protection system for personal information.The right to personal information has typical civil law characteristics,with both personality and property attributes.Therefore,the civil law protection of personal information occupies a fundamental position in the legal protection system of personal information.The introduction of the Civil Code in China follows the historical trend of civil law protection of personal information,but the content of the system still needs further improvement.There are two international models of civil law protection for personal information,one is the privacy protection model and the other is the general personality rights protection model,but neither is suitable for China.The Civil Code adopts the personality rights protection model,based on the theory of specific personality rights and the right to informed consent as the core of protection,which improves the degree of protection of personal information,but the incomplete application of the theory hinders the perfect protection of personal information.The Civil Code has constructed a basic institutional framework,which has brought the civil law protection of personal information to a new stage,but at the same time,the following problems exist: firstly,the establishment of the right to personal information is hindered by the doubtful attribute of absolute right and the imprecise standard of object definition;secondly,the simplification of the content of the right hinders the comprehensive protection of personal information;thirdly,the exclusion clause of the information processor is not allocated to the tort liability,which leads to the inadequacy of the liability system;fourthly,the Civil Code has adopted the model of personal rights protection,which is based on the theory of specific personality rights and the core protection of informed consent.Fourthly,the intertwined functions of the Civil Code and related legislation are not conducive to the proper functioning of the Civil Code.In order to speed up the development process of civil law protection of personal information,these issues must be properly addressed.The Civil Code is a basic law in the civil field,not a special law for the protection of personal information,so its legislative approach of condensing the personal information protection system is reasonable.However,the personal information protection system in the Civil Code still needs to be further improved,and this improvement should be reflected both within the framework of the Civil Code and between it and the Personal Information Protection Law: first,to complement the unique rights protection function of the Civil Code in the legal protection of personal information,to focus on rights protection and liability regulation as the legislative focus,and to highlight the Secondly,the Civil Code should abandon the vague terminology of "personal information protection" and adopt the clear expression of "personal information rights",clarify that personal information rights have the characteristics of absolute and dominant Third,the Civil Code should clearly establish the right to informed consent,and add the right to restricted use and the right to portability,so that the right to personal information is sufficient to cover the entire process of information handling;fourth,the Civil Code should complete the civil liability system for personal information,directly regulate the liability for infringement of personal information after the existing personal information protection provisions,and establish differentiated principles of imputation.Fourthly,the Civil Code should complement the civil liability system for personal information by regulating the liability for infringement of personal information directly after the existing provisions on the protection of personal information and establishing differentiated principles of imputation.