Research On The Application Of Dual Legal Interests Of Privacy And Personal Information Protection From The Perspective Of Civil Code

The issues related to the protection of privacy and personal information have always been the focus of debate in theory and practice,and experts and scholars are at odds with each other.Chapter 6 of Title IV of the Civil Code of the People’s Republic of China provides for the protection of privacy and personal information,bringing the protection of personal information to the level of the basic law.However,the provisions of the Civil Code on the relationship and protection model between privacy and personal information rights and interests are only briefly stated,and further interpretation and reconciliation are needed in the implementation.In the face of the ever-changing social environment,the relationship between the right to privacy and the protection of personal information has become more complex,for example,the continuous development of information technology has led to the application of face recognition becoming extremely widespread,and our personal information has been collected and utilized by the cloud during consumption,travel,or even just the moment we open our cell phones.In addition,in the face of epidemic prevention and control,in order to maintain public interest,a lot of personal information such as citizens’ whereabouts and trajectories are publicly disclosed,but this information is essentially protected personal information,at this time there is a crossover and choice between social public interest and personal private interest.Although the number of legal norms is increasing,there are still a lot of details about the specific rules and scope of application of these systems that are worth exploring.This thesis focuses on the dual legal interests involved in the application of privacy and personal information protection.The article intends to start from the relevant systems of privacy and personal information protection,combine the different views on privacy and personal information protection in academic and practical circles,analyze the dialectical relationship between the two,and explore the protection systems of the two in different countries,and try to study the application of the dual legal interests involved.The first part is an analysis of the nature of privacy and personal information protection,the second part is a legal analysis of the relationship between privacy and personal information protection,the third part is a comparative analysis of the legislation and practices of different countries on privacy and personal information protection,and the fourth part is a study of the application of legal interests involved in both privacy and personal information protection.After proposing the dual legal interests involved in the protection of privacy and personal information,the focus of this paper is on the factors and solutions that should be considered when the right to privacy and the right to personal information are violated in the face of the conflict between the private interests of individuals and the public interest.In this way,the dual legal interests of privacy and personal information protection are analyzed and investigated.