| Big data exploits the potential economic benefits of personal information,and the implementation of the discussion and protection of personal information rights and interests is in full swing.Article 1034 of the personality rights section of the civil code of the People’s Republic of China inherits the provisions of the general provisions of the civil law,and protects personal information by behavior norms rather than rights,However,the right attributes and protection methods of personal information are still unclear because of its wide range of fields.This paper focuses on the following issues:first,what challenges does the protection of personal information face in the current society? Second,what is the connotation of personal information? Third,what is the right attribute of personal information? Fourth,what are the protection methods?In addition to the introduction and conclusion,this paper is divided into three chapters.In the first chapter,from the perspective of historical changes,it introduces the contemporary challenges of personal information protection in current social life,and explains the problems in personal information collection and processing activities of public power departments and Internet business institutions,It also summarizes the different opinions of scholars on the attribute of personal information rights,which lays the foundation for the later specific research.Then,starting from the appellation,definition and classification of personal information,this paper attempts to lock in the connotation of personal information,and divides it into three types according to its definition mode.In the second chapter,from the perspective of private law,based on the connotation of personal information,the author tries to discuss the connotation of personal right and property right of personal information,and make a comparison with the existing specific personality right and property right,highlight the particularity of personal information in today’s era,and discuss the differentiation of personal information under its framework due to different personal information,Personal information has the attributes of personality right and property right.And further discusses the individual personal information’s personality right interest or the property right interest is not the best choice.The third chapter of this paper starts from the current legislative situation of the protection of personal information rights in China,based on the dual protection of personal information private law,tries to build a normative system of the relief of personal information rights,which takes the fair information practice as the principle,the classified protection of information as the path.On the basis of the draft of personal information protection law,we should improve the balance between the use and protection of personal information. |
