Research On Personal Information Rights:Centering On Confirmation Of Right

As the "oil" of the information age,the importance of personal information to natural persons,business entities and countries is self-evident,and it should be paid attention to in theory.However,in reality,information leakage,illegal collection and utilization of information,telecommunications fraud and other personal information infringement incidents are common.Infringement of personal information not only causes natural persons to suffer property losses,interferes with normal work and life,but also causes people to suffer serious mental blows.Because in the past,the criteria for distinguishing rights and interests were unclear,which triggered the ambiguity of the attributes of personal information rights and interests,thus affecting the judicial relief and social fields,making it difficult for relevant legal rules to achieve the expected results,resulting in the lack of comprehensive protection of personal information-rights and interests.This article tests practicability of a new kind of right to personal information by using the German Basic Law’s "criteria of distinction between rights and interests"as a foundation.This paper can be organized into five chapters,the major components of which are as follows:Chapter 1 lists the process of personal information protection in China,which can be roughly divided into civil code:the former stage is dominated by public law norms,while the latter stage is characterized by the increase of private law norms and the emergence of special legislation.At present,China has set up a personal information protection system guided by " Civil Code "(hereinafter referred to as the"Civil Code"),and " Personal Information Protection Law" covering a series of normative legal documents and standards such as criminal law,administrative law and judicial interpretation.normative legal documents and standards such as criminal law,administrative law and judicial interpretation.Chapter 2 analyzes the obstacles to the confirmation of personal information.The establishment of the right to personal information mainly faces the following difficulties:impeding the flow of information circulation,a bubble of generalization of rights,with theoretical defects of unclear boundaries of rights and unspecific objects.Therefore,this paper will focus on the interests of multiple parties in an attempt to balance information protection and information utilization,and use the theory of theory to resolve specific obstacles at the theoretical level,so as to propose that the act of"rights confirmation" will not limit freedom of speech and freedom of behavior,nor will it harm the public interest.Chapter 3 expounds on the legal basis of personal information right.Because of the fact that China’s legislation does not clarify the criteria for distinguishing rights and interests,but in essence,rights and interests are protected separately,so it is necessary to learn from foreign experience.Using the criteria of" distinction between rights and interests " in German civil law to argue for the right to personal information,it was evident that the right to personal information can be a newly developed right in the civil domain,it meets the criteria of "specific interested person" "precluding of illegal intervention by others" and "likelihood of interests recognition".The second section analyzes the attributes of personal information rights.It focuses on the relationship with other specific personality rights,such as privacy right,name right,etc.so as to establish the boundary of rights,so as to ensure that the justification of "new" rights will not damage the existing rights system,especially emphasizing the distinction between the right of personal information and the right of data property.The third section explains the necessity and rationality of personal information confirmation.For individuals,the right to personal information is related to personality interests,has distinct personality characteristics,and is a manifestation of the personal dignity and personal consciousness of natural persons.Due to the problems of uncoordinated internal legal norms and inconsistent judgment standards in judicial practice in China,the disorderly and illegal use of personal information not only threatens personal privacy,personal safety and property interests,but also induces vicious competition in the Internet industry,which is bound to have a negative impact on the country’s digital transformation and the improvement of international competitiveness.Therefore,establishing the right to personal information is a necessary measure to deepen international cooperation and conform to the opening up.Chapter 4 combs the legislative practice of personal information in Germany and the United States.The former creates a constitutional right to self-determination of personal information through general personality right,whereas in the latter,information privacy is derived from the theory of privacy.The theoretical basis,regulatory path and policy concepts of the two countries are different,but both of them have completed the right certification of personal information under their existing domestic legal framework and constructed a relatively perfect personal information protection system.Extraterritorial practical experience undoubtedly provides a new way of thinking for the legislative research and regulation path of personal information right in China:clarifying the right attribute of personal information right in civil law,further refining the function division and process setting of relevant institutions,so as to effectively reduce the occurrence of infringement cases,reduce litigation pressure and reduce social operation costs.Chapter 5 puts forward the suggestion of personal information right.This section puts forward that personal information protection and information utilization are not extreme confrontation relations,but can extremely make use of information utilization under ensuring information security.In reality,personal information protection and information utilization are not extreme confrontation relations,but can make use of information values under ensuring information security.Therefore,China should confirm the right of personal information in civil law and improve the relief system of personal information infringement.Building a state-led,industry self-discipline,personal conscious information protection system,strengthening the close cooperation between public law and private law,and forming a comprehensive management system of public and private law for personal information protection.