Civil Law Protection Of Personal Information In The Age Of Intelligence

Information technology has flourished in the age of intelligence,and big data information technology has changed the way of human life,but it has also raised concerns about the security of personal information.Nowadays,the element of personal information has become an essential part of the development of the digital economy,and since personal information has both personality and property interests,the protection of personal information under civil law is particularly critical.In the age of intelligence,personal information infringement is becoming more frequent,and it is important to build a protection system to address personal information infringement under the framework of civil law.The inclusion of personal information protection in the Civil Code for the first time has become a major legislative highlight,which represents a positive response of China’s civil law system to the current governance challenges faced in the age of intelligence,but the issue of how to better protect personal information in civil law needs to continue to be studied in depth.The article uses comparative analysis,literature research method and empirical analysis method to systematically analyze the construction of civil law protection system for personal information in the intelligent era.First,through the discussion of the concept of intelligent era,the necessity of protecting personal information through civil law in the intelligent era is analyzed.Personal information in the intelligent era is an important factor of production,but it is also a frequent infringement problem,and personal information needs special protection,while civil law protection remedies are abundant and pay more attention to protecting the personal dignity of personal information.Second,by summarizing the definition of the concept of personal information in the current law and summarizing the main views of academics,the main elements of the definition of the concept of personal information are "recordable" and "identifiable".The main views on the legal attributes of personal information are reviewed in the "legal interest theory" and the "rights theory",and the main point of this paper is that personal information has a clear nature of rights.We analyze personal information according to its content,adaptability and sensitivity,clarify the relationship between sensitive personal information and private information,and determine the concept of sensitive personal information in this paper.Comparing the relationship between personal information,data and privacy,in terms of connotation,personal information and privacy have overlap,and both personal information and data point to identifiable information;in terms of legal attributes,privacy has only personality interest,personal information has dual legal attributes of personality interest and property interest,and data has only property interest.Third,to summarize the typical types of personal information infringement in the age of intelligence,and to explore the mechanism of personal rights protection and tort liability protection of personal information in the Civil Code,the advantage of personal rights claim is to restore the perfect state of civil rights and interests,and the advantage of tort claim is to remedy the damage,and the two are complementary relationships.We also analyze the inadequacy of civil law protection of personal information from the path of personality right protection,the path of tort liability protection and the path of contract system protection.Finally,on the basis of comparing and learning from the legislative experience of the European Union and the United States,the importance of establishing the status of personal information as a personality right is clearly established,the feasibility of deepening the principle of necessity of personal information processing is proposed,and a comprehensive discussion on improving the principle of attribution of personal information infringement,reconstructing the liability for personal information infringement,and exploring the feasibility of the contractual protection system for personal information is presented.