论非公共部门侵害个人信息之民法保护-法学·民商法专业论文.docxVIP

ABSTRACTWith ABSTRACT With the arrival of economic globalization and informational society, both the public sector and non-public sector will gather and preserve massive personal information in various activities．The characters of personal information are first reflected on being able to identify specific individual with performance of his character rights and interests． Meanwhile，with the condition of market economy,personal information can be used as object of market transactions，SO that it is with the nature of property． With the constant development of informational technology,it is easier and easier to batch process and transmit personal information．The personal information managed by some non-public sectors is even more detailed than that of public sectors．The problem of personal information’ S protection iS obvious in the field of commercial affairs．The inappropriate gathering and vicious usage of personal information come out with it．However，the relation of subject of non—public sector and that of personal information is with equal party．The encroaching on personal information will refers to administrative，criminal and even civil responsibility．At present，there’S no legislation on the protection of personal information．The regulations on non．public sector are rare， cluttered，and hard tO operate．Besides，there’S no regulation on the civil responsibility of encroaching on personal information．Although non-public sectors，such as internet industry and bank industry,have their Ⅱ relevant relevant regulations for industrial self-discipline，they cannot rely on the regulations completely． Aiming at the current situation，the author thinks that first the property intension of personal information rights should be admitted． Based on this，establish a law of personal information protection in order to protect the rechtsgueter of character and property and perfect the rights of informational subject．Besides establishing general regulations suitable for public sector and n