个人信息权的法律规制及侵权责任追究OACHSSCD

The Civil Code of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China establish a series of legal norms governing the protection and utilization of personal information.The principle of informed consent is the fundamental legal basis for information processors to legally process personal information data.Clarifying the basic meaning of the right to personal information in the information and digital age serves two important functions.First,it enables the application of the proportionality principle to determine the rational allocation of personal digital rights in terms of"quantity",thereby facilitating the establishment of a reasonable relationship of rights and obligations between personal information right holders and data users.Second,it promotes the development and utilization of personal information data while safeguarding the rights and interests of data subjects.To safeguard the digital development rights and interests of all citizens,it is necessary to construct,in accordance with the law,a contemporary personal information rights system that aligns with China's actual national conditions,establish and improve an authorization mechanism for citizens'personal information data,and advance the intellectual property transformation of data-based intellectual achievements derived from citizens'information data.To this end,it is imperative to establish criteria for determining the legality of personal information processing activities,construct a dual public law protection framework for personal information data processing,and develop a normative rule-of-law system for such processing;build a legal safeguard system for personal information security,establish legal norms for the right to claim personal information protection,formulate a normative system for compensation for damage to personal information rights and interests,and create an accountability system for the crime of infringing personal information.