Research On The Rules Of Civil Law Protection Of Public Personal Information Under The Perspective Of Interpretation Theory

In order to curb the increasing problem of personal information leakage and build a protection network to protect the rights and interests of citizens’ personal information in the Internet era,the Personal Information Protection Law should be born.While giving full play to the utility of this law,it also needs to interpret the provisions in combination with the basic principles such as the general provisions of the Civil Code and its own legislative spirit.To interpret the protection rules of public personal information according to the interpretation method,the basic problems of the protection of personal information should be clarified first.The rights and interests of personal information are the rights and interests of a natural person in his own related personal information based on his personal dignity,including private law and public law.From the perspective of China’s civil legislation system arrangement,the rights and interests of personal information and private law should at least belong to personality rights and interests and affirm its strong property significance and circulation value on this basis.In the past 20 years,marked by the introduction of the Personal Information Protection Law,the legal system of personal information protection in China has finally been established and improved.Disclosed personal information is a kind of information separately regulated on the basis of the meaning of personal information because of its disclosed characteristics,which has a certain range of intersection with private information and sensitive information.It is difficult for the anonymous public information to be completely anonymous due to technical reasons,so it is still necessary to protect it materially.The purpose of the disclosed personal information protection rules is to protect the rights and interests of personal information,so the normative object of the subsequent operation of such information,whose legitimacy basis includes obtaining consent and special legal provisions.China’s Civil Code,the Personal Information Protection Law and other laws have provisions on the protection of personal information that has been disclosed,while the Civil Code makes general provisions,while the Personal Information Protection Law make special norms for information processing.The information processing relationship in daily life can be regulated by the Civil Code,while the special information processing relationship calculated by information technology should be adjusted by the Personal Information Protection Law.This law issued time is short,the judicial case has not yet,but the old cases and scholars,civil law protection rules of such information of "open" meaning understanding differences,the specific concept of uncertainty,improper handling responsibility lay particular stress on and personal information rights claims of the internal system failed to effectively establish problems.In order to relieve their difficulties,first of all,the personal information that has been disclosed is defined by type method,which is divided into four categories: intended disclosure and legal disclosure,absolute disclosure and relative disclosure,small amount of disclosure and more disclosure,voluntary disclosure and forced disclosure.Second,to article1036 of the Civil Code,article 27 of Personal Information Protection Law of the abstract concept of legislation,Coupling the scope of "significant interests" and "individual interests",especially for "reasonable scope" "individual rights and interests" fuzzy words the definition of specific judgment criteria,and through both cases test,and focus on the influence of different classification of processor duty of attention.Moreover,the temporary liability for improper processing of personal information should meet two conditions,namely,the information disclosure is consistent with the will of the subject and the damage to the rights and interests is within the risk expectation of personal information disclosure.The specific methods of lenient liability include: alleviating the identification standard of the principle of presumption of civil tort fault,reducing the liability of the processor,strictly identifying the situation of the processor bearing joint and several liability,and putting forward a practical calculation method for the determination of tort compensation,so as to better balance the relationship between protection and utilization.Finally,the internal system of personal information rights and interests should be clarified,with the rights of personal information rights and interests as the key point and the rights as the objective,to promote the interaction of different claims,and jointly play the role of safeguarding the rights and interests of personal information.