关键词: 宪法, 个人信息, 经济价值, 财产权

Abstract: Whether as a component of big data or as independent data, personal information contains high economic values. In practice, the relative benefits are enjoyed by the data enterprises. The allocation of the relative benefits is an issue of distribution at the constitutional level, which should take the socialist system, the system of distribution according to labor, the economic development, the principle of equality, and other aspects into full consideration. According to the Constitution, the data subject should enjoy the economic value on its personal information. This requirement of the Constitution should be put into practice at the legal level. Given that the existing protection mechanisms provided by the personality right law and the contract law are not up to this task, the legislators shall take positive actions to make up for the deficiency. In legal politics, the legislators should protect the economic interests of the data subjects via the property rules. Due to the substantial difference existing between personal information and corporeal things, the property system is not applicable to the protection of the economic value upon the personal information. The legislators shall draw on the intellectual property system to establish property rights on personal information.

Key words: constitution, personal information, economic value, property right