In recent years，Privacy legislation represented by the United States and the European Union，Gradually forming a competitive situation of privacy legislation in the world。my country's "Civil Code" specifically stipulates personal information protection，Later, the "Personal Information Protection Law"，As far as the relationship between the two laws and how to understand and apply it，Treating certain controversy in the academic community。"Personal Information Protection Law" has a more typical "domain law" characteristic，Tightly echoing with the Civil Code，Relevant subject rights stipulated in the two laws、Obligation and legal responsibility，is a key point for how to apply the two laws to understand how to apply the two laws。

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Personal information for individuals and public interests，First of all, it belongs to individual。Public interests loaded on the personal information even to a certain extent may belong to the general publicity，But it does not deny personal information rights and personal information rights mode。The claim contained in rights ensures that human dignity and freedom，This is also the legislative purpose of the Personal Information Protection Law。There is already a precedent for legislation，Civil code or civil legislation in the typical countries and regions of the mainland law basics basically does not clearly specify personal information protection。But when the Chinese Civil Code is compiled，coincides with personal information worldwide、Data protection legislation is prosperous，Personal interests pointed by personal information "recognizableness"，Personal information protection regulations in personality rights，The significant feature of the Chinese Civil Code reflects the special protection of personal information。

Article 1037 of the Civil Bet365 app download Code that focuses on the right to personal information and Article 44 to 47 of the Personal Information Protection Law，The right structure stipulated in the two laws is the same。Article 1037 of the Civil Code mainly specifies the right to check the subject of personal information、Copy right、Objection rights and deletion rights; the "Personal Information Protection Law" stipulates the right to know the subject of personal information、Decision、Review right、Copy right、Objection right、Delete right and the right to carry。For the right part of the coincidence stipulated in the two laws，Basic content and structure are the same; the "Personal Information Protection Law" further enriches the right system of the subject of personal information，The legislative mode of the "Information Self -determination" of the decision right reflects the uniqueness of Chinese law，Knowledge right、The increase in rights such as carrying rights can also be with personal information outside the territory、Data legislation maintains synchronization。

The reason why the Civil Code and Personal Information Protection Law are discussed，Not only because the national law country itself is facing different laws, it is necessary to consider how to coordinate and apply when stipulating the same problems，It is because the rights of the academic circles have the right to exist in different laws due to the right of the subject of the personal information。For example，Some people believe that the rights in the Personal Information Protection Law belong，Can individuals exercise the corresponding request rights based on the law。As a national law country，Legal requirements are the most basic basis。"Personal Information Protection Law", Article 44 to 47, all stipulate "individual ... have the right"，This means that individuals have the right to exercise corresponding requests based on laws and regulations。As Devin said，When we say that someone has the right to do something，If others interfere with him to do this，So this intervention is wrong，or at least indicate，If the rationality of the Bet365 app download interference，Must be proposed for some special reasons。This is the simplest understanding of the connotation of rights，The exercise and relief of this right can be achieved through judicial channels。At the same time，The state should also arrange to ensure the realization of these rights through a series of institutions，But this does not produce a negation of the corresponding request right。

As far as the applicable level of law，When explaining the content of the right，Review right、Copy right、Objection rights and deletion rights may apply "Civil Code" or "Personal Information Protection Law" at the same time，Review from the personal information processor、Copy、Correction and deletion; decision right、The right to know and carry the right to carry should be applied to the explanation of the Personal Information Protection Law，The concept of decision rights runs through personal information processing activities，The right to know the right to the subject of personal information，Review right、Copy right、Objection right、Delete right、The right to carry the right to carry is a series of rights that are scattered and intersect。Visible，Content of rights、For exercise of rights，"Civil Code" and "Personal Information Protection Law" is basically the same，It will not have differences in different laws because of these rights，As long as there is a personal information processing activity，Individuals have the right to exercise the corresponding legal rights from personal information processors。

　　Personal information processor's obligation "transcendence"

Personal information protection legislation is large -scale、Highly organized personal information processor as a regulatory prototype。Among the relationships such as "Personal -Personal Information Processor -State" of personal information protection，The obligation of personal information processor reflects a certain level: on the one hand, focusing on the relationship between the "personal -personal information processor"，The rights that individuals should enjoy are corresponding bet365 best casino games to the obligations that the personal information processor should perform; on the other hand, it is committed to from national security、Information Security and Social Risk Multi -angle specifies the obligations of personal information processors。"Personal Information Protection Law" Chapter 5 Special Chapter stipulates "Obligations of Personal Information Processor"，The main focus is on the latter。

Personal information processor should be notified to the subject of personal information、Query、Copy、Correction、Delete、Cable and other obligations。Personal information processing activities，Individuals have the right to know the right to their own personal information and series of rights。"Civil Code" Personal rights editor No. 1035、Article 1038 and 1039 stipulate the principles and conditions of personal information processing、The security obligations of personal information processors and the confidential obligations of relevant subjects such as state organs。"Personal Information Protection Law" stipulates the rules of personal information processing，The obligation of the notification of personal information processor、Processing method, etc.; at the same time，Personal information subject can request personal information processor based on legal rights to perform the corresponding obligations。In specific applications，The obligations stipulated in the Personal Information Protection Law are more refined，The corresponding provisions of the Civil Code form a useful supplement，The specific application of the "Civil Code" can directly apply the provisions of the "Personal Information Protection Law"。In short,，In the relative relationship between individual and personal information processor，Still configure the corresponding rights and obligations around how to protect the rights and interests of personal information，There is a relativity between this right and obligations、Correspondence and matching。

Technology for personal information processing activities，The most significant feature is that it can achieve massive scale、Personal information processing behavior of unlimited frequency。These behaviors and activities not only Bet365 lotto review affect personal rights，At the same time, it may also cause security risks。Therefore，"Personal Information Protection Law" on the basis of stipulating that personal information processors relative bet365 best casino games to the obligations that individuals should bear，More focused on the security obligation of personal information processor、Submitting obligation、Compliance Audit Obligation、Personal information protection influence evaluation obligations、Notification obligation and "obligation to see the door", etc.。As far as the application of law and responsibility is concerned，Although these obligations mainly involve administrative responsibility，But these obligations may also be the influencing factor of whether the personal information processor assumes civil liability。In short，The obligations of personal information processors run through the protection of personal information rights and interests，The relative relationship between transcendence of individual and personal information processor，while more viewing affects personal information rights protection and information security。

　　Specifies of civil liability

Personal information processor to infringe personal information rights and interests shall bear the corresponding civil liability。Rights of the subject of personal information、Obligations of personal information processor，"Civil Code" and "Personal Information Protection Law" is more reflected in the relationship of replenishment，Cross in the application of law、Cooperate with the applicable relationship。But in terms of civil liability，"Civil Code" does not specifically specify the civil liability of personal information processor，Article 69, paragraph 1 of the Personal Information Protection Law clearly stipulates the liability of the person's fault prescription，"Personal information processor infringes personal information rights and cause damage，Personal information processor cannot prove that they are not at fault，Affection for infringement such as damage compensation "。This makes it applicable to the law of civil liability，This paragraph of "Personal Information Protection Law" shall be given priority。

Thinking in judicial practice，The private law specification in the "Personal Information Protection Law" belongs to the relationship between the special law Bet365 app download and the general law，Only the relevant provisions of the two laws are combined，The principle of complete personal information protection can be formed、rule system。Objectively speaking，The relationship between the private law specifications in the Personal Information Protection Law and the "Civil Code" generally evaluate a certain difficulty，But at least on the civil liability terms of personal information processing，"Personal Information Protection Law" embodies the special law characteristics more obvious。

Although in terms of the principle of civil liability，"Personal Information Protection Law" compared to the "Civil Code" for special regulations，But in terms of the identification of damage and damage compensation, it should still be in accordance with the relevant provisions of the Civil Code。In general meaning，The purpose of the damage compensation method is to fill in damage、Damage prevention and punishment sanctions。For damage compensation amount，In principle, in accordance with Article 1182 of the Civil Code and Article 69 (2) of the Personal Information Protection Law。When the series of rights that infringe the subject of personal information，For the right to query、Rescue of the right to copy the right to copy，Personal information processing person should bear inquiries based on request、Copy and other behavioral obligations; for the right of objection，Personal information processing is obliged to be more correct or explained;，Personal information processing should stop infringement、Delete personal information, etc.。If the parties can prove that they are suffering from mental damage，Require corresponding mental damage compensation。

　(The author is the Institute of Law of the Chinese Academy of Social Sciences)