Research On The Convergence Protection Mode Of Privacy And Personal Information In Our Country

After the implementation of the Civil Code on 1 January 2021,several pieces of civil legislation were replaced by the Civil Code.Before that,the provisions on the protection of citizens’ personal information were mainly reflected in the Tort Liability Law.With the introduction of the Civil Code,the protection of personal information was stipulated in the personal-rights compilation.Later,the Personal Information Protection Law was introduced and came into effect on November 1,2021,marking the basic establishment of a legal protection system for privacy and personal information.In addition to the introduction,this paper consists of the following four parts.The first part explains the basic theories of the privacy and personal information,introduces the concepts of privacy and personal information,personal information is divided into sensitive personal information and private information and general personal information,and combs and introduces the relationship between the privacy and personal information in our country,and the complex relationship between privacy and personal information,rank and cross.It also analyzes the cross-relation in the form of a case,and points out that due to the differences in the imputation principle and the provisions of illegality judgment,the problem of concurrence appears in practice when the type of personal information cannot be accurately distinguished.The second part combs and summarizes the protection system of privacy and personal information in China,introduces the legal framework of the protection of privacy and personal information in China’s Civil Code,and analyzes the process of the protection methods of privacy and personal information from integration to differentiation after the protection of privacy and personal information.Points out the shortcomings of the current legal protection mode of privacy and personal information in our country.The mode of protecting rights and interests of personal information cannot truly protect citizens’ personal information.The vague zone in the Civil Code and the Personal Information Protection Law,and the cross relationship between privacy and personal information,will appear mixed rules in the application process,and there is no unified judgment standard.The Civil Code has established applicable rules that private information should be given priority to privacy protection,but the law does not specify what is private information,so it is difficult to judge private information.Personal Information Protection Law divides personal information into sensitive personal information and general personal information.It is necessary to further define sensitive personal information,accurately define sensitive personal information and private information,and how to define the type of personal information when it involves both privacy and sensitivity.The third part of the foreign legal protection model of privacy and personal information,represented by the American and European models,introduced the foreign legislation and theory of privacy and personal information,analyzed the American and German legal protection models of privacy and personal information,and drew lessons from the experience to establish a suitable protection system in our country.The fourth part makes own suggestions of establishing system of bridging protection of privacy and personal information in our country from legislative,judicial and social levels.