Analysis On The Path Of Differential Protection Of Privacy Rights And Personal Information Rights In Our Country

In the information age,the circulation of information is greatly accelerated.And big data is considered to be the "new wealth" of mankind in the new century.While enjoying the convenience and comfort brought by data,human beings also suffer from the risk of privacy and personal information being leaked.For example,since the outbreak of the new crown epidemic,the personal information of many infected people has been leaked,which has brought secondary harm other than the virus to them.The reports of the Supreme People’s Court and the Supreme People’s Procuratorate at the 13 th National People’s Congress also reiterated the highest demands for personal information protection.In the era of big data,almost all of our activities are recorded.If we lose control of personal privacy and personal information,we will gradually lose the right to express and the freedom of communication.Therefore,it is required to strengthen the protection of privacy and personal information a legal way.My country’s "Civil Code" confirms the personality rights and interests of personal information,and stipulates different rules for privacy and personal information protection.However,there is no reasonable standard for the specific application of the right to privacy and personal information.In judicial practice,the phenomenon of mixed use of rights and lack of protection of interests often occurs.It can be seen that my country’s current laws do not have an accurate demarcation and perfect system design for the protection of privacy rights and personal information rights.The concept of the right to privacy has existed since ancient times,mainly referring to the inviolable right that natural persons enjoy regarding their privacy.The traditional privacy theory mainly protects the security and privacy of private life.In the background of the rapid development of the big data,information elements are constantly enriched,and the exchange and control of information is inevitable and more important.The traditional theory of privacy has shown certain limitations in different aspects,especially the lack of effective protection of personal information rights and interests.Therefore,the emergence of the theory of the right to personal information responds to the needs of the times.My country’s Personal Information Protection Law has also been officially promulgated and implemented in November 2021.The right to privacy and the right to personal information both belong to the category of personality rights,and the two have a natural overlap.At the same time,the right to privacy and the right to personal information are demarcated each other,and they show obvious differences in the object of the right,the content of the right,the protection method and so on.Correctly understand the distinction between the two and formally explore the important basis for realizing the distinction and protection between the two.Because of differences in economic,cultural,political and ideological backgrounds,different countries have different modes of protecting privacy and personal information.The United States uses the theory of the big right to privacy for overall protection.While,In Germany,personal information belongs to general personality rights and is directly protected as personal information rights.Relatively speaking,the concept of privacy rights and personal information rights in my country appeared relatively late.According to the relevant provisions of the Personality Rights Section of our Civil Code,my country adheres to the priority application of privacy rules.Since personal privacy information is essentially personal information,personal information protection rules also have the attribute of universal application.From a one-sided point of view,the protection of the two has built a relatively complete rule.However,there are still many deficiencies in the protection of these two rights in our country’s current legal system,especially in the blurring of the boundaries between personal privacy and personal information,and the ambiguity of the right to personal information.Imperfect theoretical guidance will lead to various problems in judicial practice.Therefore,in order for information sharing to be more complete,secure and efficient,we must build a more complete privacy and personal information protection system.It is necessary not only to distinguish between privacy and personal information conceptually,but also to accurately distinguish different protection rules for privacy rights and personal information rights.Combining the excellent experience outside the territory and the current legal situation in my country,clarify the relationship between the two.And looking for new perspectives in system design,optimize the protection model of privacy rights,strengthen the protection of property interests of information,and work together to achieve differentiated protection of the two rights in multiple ways.