"Personal Information Protection Law" is the first special law of personal information protection in my country。This law proposed the concept of "personal information rights and interests" for the first time，and protect personal information rights as one of the legislative purposes。This is the development and improvement of the personal information protection regulations of the "Civil Code" in my country。

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The institutional protection of personal information.。Personal information protection system has developed to this day，Diversity of interests carried on personal information、Multivibility，There is a consensus in the academic community。It is because the personal information is carried by multiple interests，instead of a single personal interest or property interest，Do not simply classify personal information rights into certain property rights or personality rights，Therefore，"Personal Information Protection Law" only adopted the concept of "personal information rights and interests"。

As far as civil law is concerned，Multi -interests carried on personal information，A considerable part of the specific personality rights specified by the Civil Code is protected。For example，Privacy interests on personal information、The interest of the peaceful private life，Professional protected by privacy; the name of natural persons also belongs to personal information，but，Nature people decide according bet365 Play online games to law、Use、Change or permits the interests of others to use their names，Object to the protection of name right。As for the dominance of their portraits for natural persons，is made according to law、Use、Public or permits other people's use of portraits，It is protected by the right to portrait。If the behavior of illegally leaking or using personal information has infringed the above personality interests，Then the behavior is to infringe privacy、The infringing behavior of name right or portrait right。After excluding the interests of these personal information that have been protected by specific personality rights，Natural person also enjoys a separate personal information、The benefits of legal protection。This interest is a defensive or protective interest，That is, the natural person's personal information to prevent personal information from being illegally collected、Leak、Buy or use or use, leading to its existing body、property rights and interests suffering or even personality dignity、Interests of personal freeness。The interest can be covered by the existing specific personality rights and other，It is also a legal interest that should be protected。

In the era of big data and information society，Personal information is collected、Storage、Transfer and use has become the normal social life of each natural person，Everywhere is everywhere。But，Whether it is a state agency、Corporate institutions or other subjects，In the process of processing personal information, it is very likely to bring various unprecedented dangers or even direct infringement to natural people。For example，Due to the leak of personal information、illegal theft and the bet365 live casino games victims face the identity、Fraud、Damage of reputation damage or even personal safety。Even if these damage is not directly suffered for the time being，The victim will also suffer the following three damage: one，Emotional trouble，That is the various emotional distress and anxiety caused by the leakage of personal information or personal data to the victims。Its two，Increase the risk of being hurt in the future，That is, due to the leakage of personal information, the victim will be theft of identity in the future、Risk of fraud or other damage increases。Its three，In order to reduce the risk of future damage, it has to spend time and expenses，If registered credit monitoring、Contact credit reporting agency and set up fraud alerts on their accounts。Another example，Even the personal information collected legal，The processor is divided by social and other technologies based on the big data formed by algorithms、Discrimination and fully automated decision -making，It will also damage human dignity and personality。Therefore，In order to eliminate the above -mentioned new risks，The law must admit that natural persons have a defensive interest for personal information，and protect it。This can only build a solid legal protection barrier for each natural person in the information society。Therefore，Natural person has independent personal information、Can't cover the existing civil rights、Civil interests that should be protected by law，is the object of personal information rights and interests。

　　System positioning of personal information rights

Personal information equity is different from personal rights or the rights of individuals in personal information processing activities。The scope of personal bet365 Play online games rights and interests is the most extensive，Including all the rights and interests enjoyed by individuals，both include civil rights and interests，also includes rights and interests in public law。In civil law，In civil law，Personal information rights refers to the personality interests of personal information protected by the law -autonomous interests in information processing，Personal information rights and interests are of course personal rights。As for the right of individuals in personal information processing activities, it belongs to the right to means or relief，The purpose is to protect personal information rights and interests。Article 1037 of the Civil Code already has corresponding regulations (such as checking the right of replication、Delete right, etc.)，and the "Personal Information Protection Law" further enrich the right to develop the right of individuals in personal information processing activities，Added right to carry、Requireded rights、The right to explain the process of processing rules。At the same time，It also requires personal information processors to establish a convenient personal exercise right application acceptance and processing mechanism，also stipulates that if personal information processor refuses to exercise his rights，Individuals can file a lawsuit with the people's court。In short，"Civil Code" and "Personal Information Protection Law" regulations on personal information processing activities，Effectively realized the protection of personal information rights and interests。

Personal information rights are different from privacy、Portrait rights and other specific personality rights。In our law，The relationship between personal information rights and privacy is the most closely，It is also the most complicated。Some of the so -called private information in bet365 live casino games personal information，Private information is part of privacy，Therefore，Private information involves the right to privacy，It also involves personal information rights and interests。In other words，Private information as privacy，Of course be protected by privacy，Since it is also a personal information，Therefore，Applicable personal information protection rules。Based on this，Article 1034 of the Civil Code stipulates: "Private information in personal information，Applicable regulations on privacy; there is no regulation，Applicable regulations on personal information protection。”

But，Personal information rights and privacy have always been independent，No one can include who among the two。On the one hand，Privacy rights as a specific personality right，Generally, it belongs to the absolute right and domination rights in civil rights，Have the effect of the world。Therefore，Any organization or individual must respect the right to privacy，It must not invade or hinders it。but，"Civil Code" does not stipulate "personal information right"，Even the "Personal Information Protection Law" only uses cautious expressions such as "rights and interests" of personal information。This is very clear -personal information rights and interests are not absolute rights and domination rights。The fundamental reason is，Even the information of the information cannot be discharged、Occasionally dominate its personal information。This is not realistic，It is impossible，The reasonable use of personal information and information network technology、The development of the digital economy has caused great obstacles。Therefore，Personal information protection must coordinate the protection of personal information bet365 live casino games rights and reasonable use of personal information。For example，Article 999 of the Civil Code，"Implementation of news reports for public interests、Public opinion supervision and other behaviors "can use personal information reasonably，At the same time, Article 1037 also specifically stipulates the exemption of personal information。But，These regulations do not exist in the relevant provisions of privacy rights。Of course，Can't think of this，Privacy rights are not restricted at all，Don’t be limited in accordance with the law of protecting public interests，But what can be sure is，Problems without reasonable privacy。

On the other hand，From the perspective of rights，Article 1032 and 1033 of the Civil Code is just from negative、Defensive perspectives make stipulation on the content of privacy rights，That is to list in detail the behavior that prohibits the privacy of the privacy of others' privacy。On the contrary，content for personal information rights，"Civil Code" and "Personal Information Protection Law" make regulations from both positive and negatives。Article 1037 of the Civil Code gives natural persons to check and copy the right to personal information processors、Objection right、More correct right and deletion right。"Personal Information Protection Law" Chapter 4 adopts 7 articles (Article 44 to 50) to make specific detailed regulations on the content of personal information rights。Obviously，From the perspective of the richness and positiveness of the content of the rights itself，Personal information rights are different from privacy。

　　(This article is the National Social Science Fund's major project "Big Data Era Research and Data Rights System Research" (18zda146) phase results)

(Author Unit: School of Law of Tsinghua University)