Right of personal information

下面为大家整理一篇优秀的essay代写范文- Right of personal information，供大家参考学习，这篇论文讨论了个人信息权。个人信息权是隐私权在互联网时代的升级版。个人信息保护的目的，在于保护具有使用价值的个人信息，而不是所有的个人数据。个人信息权的内涵在于对个人信息处理方式的控制，而不在于对个人信息本身的占有，事实上，个人并不是唯一有权占有个人信息的人，不具备财产权的排他性。美国的保护模式体现出个人信息权的隐私价值。

Personal information right is a personality right with both privacy value and property value, which is particularly important in the Internet era. Personal information disclosure or illegal use will bring property and personal rights and interests damage. The social awareness and protection consciousness of "right to personal information" are deeply analyzed by means of social investigation. Combined with the current legislative situation in China, the author creatively puts forward that personal information right is a new civil right with both privacy value and property value. It is suggested to build a sense of security system with protection consciousness as the core, and the most important thing is that everyone should establish legal consciousness. The company should establish internal review mechanism and assume social responsibility. Relevant government departments should give full play to their functional advantages, realize the role and effect of law popularization and publicity, and build up a clean network security environment.

The Internet era is changing with each passing day. People's life style has undergone earth-shaking changes and their happiness is increasing day by day. Meanwhile, the sense of security is clouded. The Internet ocean is composed of countless "zeros" and "ones". Our personal information is also carried into this vast sea of random data, which can not be parried. Once upon a time, our mobile phone call list is full of harassing calls, insurance sales, credit card registration, sales of real estate shops, decoration and so on; Our email accounts are flooded with strange emails with viral links; Some people suddenly become famous overnight by the Internet search, the past history big bottom; Some people inexplicably become a shell company legal person by the tax authorities to investigate the responsibility. There are so many things. The author through the method of social investigation to understand people's understanding of the right to personal information, and through China's existing legal framework to analyze the current way of protection. Furthermore, it creatively points out that personal information right is a new civil right with both privacy value and property value. In order to better protect this right, a security system with protection consciousness as the core should be constructed.

With the help of the sociological research method -- social survey, the author designed the questionnaire through "questionnaire star" and distributed the questionnaire through WeChat and other forms to investigate the views and opinions of 132 citizens on the right of personal information and its legal protection. Six of the respondents were women, mostly under 18 or over 36.

Through the questionnaire survey, the author found that more than 25% of the population do not know the concept of the right to personal information, and nearly 40% of the people who know the right to personal information do not clearly understand this right, nor do they know how to protect their right to personal information. Among those who have some views on the right to personal information, most of them believe that the right to personal information should be respected, attention should be paid to, legislative protection should be enforced, relevant knowledge should be popularized, or laws should be imperfect. The right of personal information is already protected by law, which obviously proves that people's understanding of the right of personal information is very shallow.

About 32% of people think that they consciously or unconsciously infringe the right of personal information of others, more than 7 into met personal information rights violations, according to the frequency from high to low, the main types are: fraud or marketing phone, personal information theft, misappropriation, some company customer information publicity in public the behavior without permission, "human flesh search". Most respondents believe that the reason for the infringement of the right to personal information is that the existing legal system is not perfect or people's awareness of safeguarding rights is weak. Nearly a quarter do not plan to take action to protect themselves when their right to personal information is violated. Most of those who took action intended to inform the authorities or use the media. Some people think they should be more careful. In the security of personal information right and the convenience of Internet shopping, nearly a quarter of people think that the life convenience value of Internet shopping is higher than the cost of personal information protection.

Thus, it can be seen that people's awareness of self-protection of the right to personal information is not enough, nor do they know how to protect their right to personal information.

Nearly 60 percent don't know what laws protect people's right to personal information. Less than one in ten people clearly felt the legal protection of their right to personal information, while the rest felt nothing or nothing at all. At the same time, nearly one in ten people are not satisfied with the existing legal protection, and many want to improve the legislative protection, punish violators or strengthen propaganda.

The author found that people do not know the concept and how to protect the right of personal information, and it is not clear what laws can protect the right of personal information.

In recent years, China has promulgated and revised a number of laws and regulations, including the protection of personal information into the legal spectrum, from civil law, administrative law and other fields to protect, strictly regulate the use of personal information by government departments, network companies, etc., to protect citizens' right to personal information. China's criminal law stipulates the crime of illegally obtaining citizens' personal information. Those who have caused serious consequences for the illegal acquisition or use of citizens' personal information mentioned above will be subject to legal sanctions and bear certain criminal responsibilities. Improper use of personal information may constitute a criminal act in criminal law or a tort in civil law.

The criminal law severely punishes the illegal use of personal information. Article 7, paragraph 2 of the amendment to the criminal law of the People's Republic of China adds the crime of illegally obtaining citizens' personal information. According to the provisions of this article, personnel of state organs or units of finance, telecommunications, transportation, education and medical treatment shall not sell or illegally provide personal information of citizens acquired in the course of performing their duties to others, and if the circumstances are serious, shall be sentenced to criminal punishment. The regulation, which criminalizes illegal access to citizens' information for the first time, is a milestone. However, it also has its limitations. It limits the scope of the subject of the crime. Only the staff of state organs and some units will commit the crime of illegally obtaining citizens' personal information.

There is no doubt that big data era of the personal information streaking oceans in network era, is the law of the People's Republic of China criminal law amendment to the state organs, part of the unit due to perform their duties may violate the citizens' personal information, whether Internet giant BAT company, or various kinds of Internet small micro enterprise, are likely to go, to creep through the theft of wearing high-tech gimmick illegal for citizens' personal information. These data will become a large amount of wealth for businesses, but become the shadow of countless netizens.

Therefore, the amendment to the criminal law of the People's Republic of China expunges the limitation of "personnel of state organs or financial, telecommunications, transportation, education, medical treatment and other units", and expands the scope of the subject of application of this crime, which conforms to the realistic trend and tide. This criminal law is amended, the sense of security that protects to our individual information increased a few minutes again.

However, only those who cause serious consequences may violate the criminal law. In daily life, most personal information will not be violated by the "criminal law", which is the most important instrument in the country. Can the personal information of citizens be slaughtered? As a matter of fact, there are many civil branch laws in China that provide for the protection of personal information.

In the general provisions of China's civil law, it is clearly stipulated that the law protects personal information. Article 111 of the general provisions of the civil law of the People's Republic of China clearly stipulates for the first time that the personal information of natural persons shall be protected by law. Any organization or individual that needs to obtain personal information of others shall obtain and ensure information security according to law, and shall not illegally collect, use, process or transmit personal information of others, or illegally trade, provide or disclose personal information of others. This article specifically prescribes rules for the protection of personal information, proposes the right of personal information from the basic civil law level for the first time, and clarifies the basic code of conduct for the protection of personal information. The provisions of the supreme people's court on several issues concerning the application of law to the trial of civil disputes concerning personal rights and interests infringed by information networks have for the first time clarified the legal connotation of personal information and the mode of tort liability from the perspective of judicial interpretation.

Separate laws in different areas also specify boundaries for protecting personal information from infringement. The special chapter of the e-commerce law of the People's Republic of China stipulates relevant standards for the protection of personal information in the field of e-commerce. The newly revised law of the People's Republic of China on the protection of consumer rights and interests in 2013 clearly stipulates "personal information" and "right to personal information", and stipulates the basic principles of the use and management of personal information. "Network security law of the People's Republic of China" the seventy-sixth in the form of the generalized add enumeration defines the concept of "personal information" : personal information, by means of electronic records or other means to separate or combined with other information to identify any personal identity of all kinds of information, including but not limited to natural person's name, date of birth, id number, personal identification information, address, telephone number, etc.

The protection of personal information appears relatively late in China's laws, and the legal system lacks integrity. It is scattered in various laws and regulations, and even has negative protection mode. Although China's civil law has established the legal status of personal information right, it has not clearly defined the legal connotation and legal attribute of personal information. As a result, people generally have insufficient awareness of the protection of the right to personal information. Many people have only vague understanding, but no specific and clear understanding. If the legal nature of the right to personal information is not clear, how to protect it?

Privacy and the scope of personal information, both overlapping, and independent. Privacy includes private information, private space and private activities; Personal information also includes private information and public information.

The right to personal information is an updated version of privacy in the Internet era. Everyone enjoys a comfortable life with high happiness index in the Internet era, but also in the "streaking state" of personal information and privacy. The purpose of personal information protection is to protect valuable personal information, not all personal data. The connotation of the right to personal information lies in the control of the way personal information is processed, rather than the possession of personal information itself. In fact, individuals are not the only ones with the right to own personal information and do not have the exclusive property right.

The American protection model reflects the privacy value of the right to personal information. America's privacy act was passed in 1974. After entering the information age, the freedom of information act was enacted in 1988. Since then, the financial privacy act, the federal electronic communications privacy act, and the family education and privacy act have been added, and the states have enacted some detailed laws to protect the privacy of their citizens.

The main theoretical basis of property theory is that personal information can be traded and has economic value, so the concept of personal information ownership is put forward. According to this theory, the property right of personal information is not only the best way to protect the maximization of personal information interests, but also the best system design to encourage the production and sharing of personal information.

The eu's legislative model is more inclined to the property attribute of personal information and focuses on protecting the legality and standardization of personal information transfer. Europe has made remarkable achievements in protecting personal information. In 1995, the eu personal data protection directive was adopted to coordinate national laws to ensure the free flow of personal information within the eu. European Union countries have also enacted domestic laws, such as Germany's federal data protection law in 1976, France's freedom, archives and information law in 1978, and Britain's data protection law in 1984.

Personal information right is a new civil right with both privacy and property attributes. Personal information right naturally has the mixed attribute of personal and property, personality right and property right are only the choice of protection path, the ultimate goal is to achieve the balance of personal information control and social information sharing. The right to personal information is a new type of civil right in the Internet era. The academic debate about personal information right belongs to personality right, property right, constitutional right and so on.

Start small, start from their own, can really build strong personal information right security line. Therefore, the most critical "umbrella" is still our own support, the sense of security comes from our own, the relief after the event is "better late than never", more important is to establish a sense of protection, nip in the bud.

In the Internet age, which is composed of big data, we should deeply understand the privacy value and property value of personal information right, and face up to the unique value of personal information as we cherish our own privacy and property. We need to play a hundred and twenty spirit, firmly establish a sense of security line, care for their own kinds of personal information. Would rather ten million times protection, also cannot leave a point fluke psychology. The result can be an endless stream of harassing phone calls and even messages being misused. Based on this, we will take the initiative to understand laws and regulations with an urgent mood, leave a heart, do not rush to credulous Internet businesses.

The purpose of the company is to make profits, but as an important part of the social organization, it should shoulder the social responsibility. Under the trend of "Internet +", companies have deeply realized the property value of customers' personal information, and profit-oriented corporate decisions often hide evil purposes. The company shall fully understand the existing laws and regulations of China and shall not illegally use personal information, otherwise it will bear civil, administrative and even criminal liabilities. Law is not only a remedy, but also a guide and forecast. The law does not leave a grey area for companies to navigate, but rather points out the direction in which behaviour should be regulated and is a deterrent to wild ambition.

The legal department of the company should strengthen the normative review of the company's decisions, find a balance between profit orientation and normalization, and establish an effective internal review mechanism. Have the courage to assume social responsibility, have the vision to shape the corporate image of the company can really go far, go steady.

As managers and service providers, government departments should pay more attention to the strength and effect of publicity. The author found in the survey that most people are still not familiar with the existing laws and regulations to protect the right to personal information in China. The scope of the author's investigation is limited, and the more extensive grassroots rural areas are not involved. However, the Internet has covered every inch of land and everyone is tightly woven together. Educated people in cities don't know the law and how to protect their personal information with the law, let alone those vulnerable groups in rural corners and urban edges. They may be the aphasics in social public opinion, and it is more difficult to pick up the weapon of law and public opinion to make a sound and protect themselves.

Therefore, the work of publicizing the law is of vital importance. Rule of law education should become an important part of civic education, and the relevant content of personal information right is also an indispensable part. Schools, as the key learning places, should teach the first lesson of the Internet world. Grassroots governments should integrate laws and regulations on personal information protection into community life, which can be seen everywhere. State media should pay more attention to promoting legal protection and relief when reporting appalling news.

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