Abstract
Due to the practical needs, the lack of legal protection, and the lack of attention to these three factors under the existing legal framework of personality rights, these factors together determine the necessity of the establishment of personal information rights. As an emerging right of scientific and technological progress and big data application, how to define the right ownership, right object, and right content of personal information right in theory? Firstly, starting from the theory, this article summarizes the opinions and controversies of the academic circles on the relevant issues and tries to expound its own understanding and views on the basis of comprehensive evaluation. Combined with the introduction to the relevant cases, on the basis of theoretical research, I tried to analyze how to determine the constituent elements of the legal relationship of personal information right in judicial practice, so as to make the theoretical research and judicial practice closely combined. In addition, this article also lists and analyzes the legislative status quo of personal information right protection in twelve countries and regions and expounds three main issues in the legal relationship of personal information right under the background of big data from two aspects of theory and practice: (1) the definition of the scope of personal information; (2) subject identification under the application of network data; (3) a new understanding of the content of personal information right. The conclusion of this article has certain practical significance.