个人信息权的私权属性探析——人格权抑或财产权

Private Right of Personal Information Right——Personality Right or Property Right

在信息时代,个人信息的价值日益凸显,社会中对个人信息侵犯的现象逐渐增多,这使得个人信息权的设立成为必然。个人信息权被视为一种私权利已无争议,但在其属性的界定上,仍难以达成共识。占主流地位的是人格权说,即将个人信息权视为一种人格权。表面上看,该说着重突出人的主体地位,似乎有助于维护信息主体的利益,但实质而言,人格权说不仅会导致传统理论的崩溃,而且在实践中也存在难以解决的现实问题,因此,必须对个人信息权的私权属性再界定。从现有的权利体系和个人信息体现的利益来看,将个人信息权视为一种财产权不失为科学之举。

In the information age, the value of personal information is increasingly prominent. However, the vio- lation of personal information is also increasing, which makes the establishment of personal information right be- come inevitable. There has been no controversy about regarding personal information right as a private right at present, but it is still difficult to reach a consensus on the definition of the private right. Taking personal infor- mation right as a personality is a mainstream theory currently. The theory emphasizes the dominant position of the person, which seems to help protect the interests of personal information. But in essence, this theory not only leads to the collapse of traditional theory, but also has many practical problems that are difficult to solve. As a result, it is necessary to redefine the private right of personal information right. From the existing rights system and the interests shown in personal information, scientific move. taking personal information fight as a property fight is a