Research On The Protection Of The Personal Data In The Cyberspace: On The Bese Of The Right To Information Privacy

As a combination word of personal and information, personal data had beenused so long. But the frequent use of personal data, as well as personalinformation and the other similar words, did occur since the appearance of Internet.The personal information and the other kinds of information resource areextremely active than ever, because the technical infrastructure of Internet make itremarkable instant, ease and cheap to the collection and transmission ofinformation. In the meantime, the personal data plays essential role in the Internet.It not only provides content supply to the Internet and information reaction to theonline organization, but maintain the security certification of E—commerce. Forthe evaluation of personal data, the situation of illegal peeping, transmission,disclosure and purchase of personal data become more and more serious.Regarding to the above situation, as the weak counterpart, the Internet users are notcapable to notice or hardly to deal with the illegal actions they found. Beginningwith the introduction of the serious situation in the cyberspace, this article try toanalyze the reason, theory, pattern and the measures should be taken in China ofthe personal data protection. The four parts of the article are as follows: Section 1 mainly concerns about the necessity of the personal data protection ininternet. Firstly, the author analyzes the essential characters of personal datafollowing the introduction of current legislation of the other countries. Secondly, theauthor describes the role of personal data plays on the Internet from the three aspects,Internet content supply, information reaction, and security certification ofE—commerce. Lastly, with regard to respecting of personality, the author concludesthe necessity of personal data protection. Section 2 mainly concerns about the theoretical basis of personal data protection.The author concludes that the right to information privacy is the legal right basis ofthe personal data protection system through four layers. The author points out thatthe traditional theory of the right to privacy dose has its limitation though it is thebasic legal measure to protect the privacy. But the limitation of traditional right toprivacy could be amended by the right to information privacy. The author alsoresearch the subject, object and elements of the right to information privacy. Section 3 mainly focus on the legislation patterns of the right to informationprivacy. After analyzes the three legislation patterns, namely, the EU pattern, theUSA pattern and the Germany pattern, the author points out the ideal legislationpattern should be taken in China. Section 4 mainly concerns about the system of the China's legislation on thepersonal data protection. The author put forward the concrete measures on how tostrengthen the protection of personal data in China currently. Then, the authorexamines the basic principles, exemptions and the related issues of personal dataprotection. At the end of the article, the author makes a summary of the main conclusions ofthe article and give an anticipation of the future research on the topic of this article.