Research On The Processing And Protection Of Publicly Available Personal Informatio

Disdisclosed personal information belongs to the category of personal information and is stipulated in special categories.How the specific application and how to use more can achieve effective protection,although in the article have relatively perfect legal protection,but the retrieval relevant case information,can know,for public personal information disputes are still controversial in concrete practice,also did not reach consensus on specific standards.As the provisions of the law are not specific,different scholars have different views on the disclosed processing rules of personal information,and the disclosed property damage and mental damage of personal information.So this paper,combined with the above problems and related regulations,first of all,is the civil code and the personal information protection law about the disclosure of personal information infringement rules,to public type points above discussion,discusses "within the reasonable scope",the definition of individual rights and interests and "refusal" exercise,seek common in different standards,thus put forward their own opinions on the problem and is relatively clear.Moreover,for the public personal information,the civil code article 1182,1183 and the personal information protection law in article 69 have the provisions,but there are still in the academic circle of damages calculation method,amount and mental damages need to cause serious mental damage consequences such as discussion.The author discusses the differences of "profit" and "benefit" in the compensation for property damage,and how to calculate the compensation for mental damage.Finally,the author expounds the author’s point of view on different issues.The compensation for the disclosed personal information should be determined and the legal compensation amount to better protect the rights and interests of the information subject;the "serious mental damage mitigation" should be adopted,and the legal compensation amount should be established.To sum up,the author thinks that to do to have public personal information protection and reasonable use,in addition to the need to strictly abide by the civil code and the personal information protection law for public personal information law,still need to related case case in practice,better play to the function of protecting the rights and interests of personal information.