The essence of personal information protection lies in practicing the fair information practice principles, adhering to the theory of interest measurement, and carrying out the protection and utilization simultaneously. Compared with the legislative model of the international community, Europe and the United States tend to adopt the protection mode of "positive right confirmation &code of conduct". Chines single "code of conduct" model exposes the institutional drawbacks of the absence of the right basis. Following the "General Provisions of the Civil Law", the "Privacy and Personal Information Protection" chapter of the "Civil Code" has not yet completed the renewal of personal information rights. After the promulgation of the Personal Information Protection Law, the expression of "this law is enacted in accordance with the constitution" has made the constitutional level of personal information protection clear. The state respects and safeguards human rights, the dignity of citizens is inviolable, and citizens' freedom and privacy of communication are protected by law provide the constitutional normative basis for the personal information protection in the category of basic rights. When establishing the concept expression of the basic right of personal information protection, it should be consistent with the connotation of this right. In the digital age, personal information protection should not only continue the infringement prevention mechanism emphasized in traditional legislation, but also pay more attention to the active use of personal information and the protection of personal information property interests based on the requirements of personal freedom development. Then, the concept of "personal information right" is adopted to confirm the substantive value of personal information to personal interests. So that it can give individuals a complete form of rights over their personal information, which contain the basic requirements for personal information to be protected by law, and also leave room for the refinement of the content of rights. In this way, under the integration of the constitution right-personal information right, with human dignity and its free development as the core, and by giving play to the subjective defense function and the objective value order function of basic rights, we can practice the state's protection obligations in the fields of public and private law, to form the specific personality right in private law oriented to object domination and protecting the self-determination of personal information, and a set of procedural rights in public law oriented by behavior regulation to ensure the substantive participation of individuals. The personal information right, as a fundamental right, is meaningful only if it is implemented in civil rights where individuals can specifically claim legal protection and remedies. Based on this, by reviewing the Civil Code, the "civil rights and interests" of personal information have the sufficient conditions to upgrade to "civil rights". Different from general personality rights, privacy rights and other attributes, personal information right can be determined as specific personality right in the civil right system. Based on the principle norms of the Civil Code, the independent ownership of the personality right law and the construction of the rights system of the personal information protection law, the logic deduction of personal information right from top-level design to comprehensive layout is gradually realized.