Abstract:
The context of the right to personal information is in essence the logical coordination of the antinomy between the protection of rights and the use of personal information, as well as the legal problem of the freedom of disposition of individual rights and the respect of legal interests from others (including the state). In the scientific interpretation of the right of personal information as a new legal connotation, status and independence rights the right shape object ownership, based on the accurate definition of crimes of infringing upon the citizen personal information protection law profit as the right of personal information, discretionary right of personal information law benefit a clear-cut stand and reasoning the personal rights separated information characteristics and practice rules. The methodology of personal information processing is contextually defined, and the legitimacy of personal information processing is based on informed consent. To clarify the basic form of relative consent as the subject of right; Emphasis on genuine consent to the expression of meaning as the subject of rights. Principles bear value and laws regulate behavior. As a secondary normative law, the criminal law should respond to the protection concept, article structure and the optimization of charges, forming a criminal law structure with self-consistency of theoretical logic and self-sufficiency of practical function.