On The Legal Protection Of The Personal Information

The legal protection of the personal information is a global subject,reflect the tremendous influence to the legal system of modern scienceand technology from a side. In order to return a peaceful inner world topeople, prevent from the crime of abusing the personal information, ourstate demands legislating to keep the phenomenon of collecting, abusingthe personal information illegally within limits urgently. Activity thatcollect, transmit, use, publish of the personal information should berestrainted by certain procedure.Protect the security of the personal information, promote therationalization and orderization of the personal information flowing,reflects the deep changes of the relation between contemporary socialindividual and country, individual and society. The personal informationbelongs to oneself, everybody has the right to arrange and control theuse of his or her personal information, is inevitable outcome of growingup in personal independent spirit under the condition of market economy.Moreover, the respect of citizen's independent personality to the thingand of the individual acts on one's own contributes to the implementingof the constitutional government.The paper includes foreword, text and conclusion, and the text dividesinto three chapters.Chapter one includes two parts. The first part introduces the basicmeaning of this concept of "personal information" briefly. The personalinformation belongs to oneself, and must have discerning nature. Thesecond part states the basic content of the personal informationprotecting, and describes the tort of two kinds of main information usersemphatically. The relation of right obligation between the subject of theinformation and information user forms basic content of personalinformation protecting. Relations of right obligation of two sides arenot equilibrium. The primary user of the personal information is thegovernment department and merchandising concern .Chapter two expounds the theoretical foundation of protecting personalinformation from three respects of realistic foundation, value foundationand right foundation. The realistic foundation of protecting personalinformation consists in the individual has broken away from and dependson the bodies of the country gradually since the reform and opening upto the outside world, with personal independence is clear and apparent.Protecting the personal information embodies pluriceps value humanpursues. Nevertheless, the so-called the balance of value is just a kindof ideal state. To solve the practical problems, people must make thechoice among a great deal of value conflicting each other, defining thepreferential position of certain value. The citizen enjoys numerousinformation rights, among them,the right of privacy is the basis offundamental right of protecting personal information.Chapter three expounds the realistic signification of protectingpersonal information firstly: Modern science and technology challenge theinformation safety, and human dignity is paid more attention to. Then,the paper sketchs the contours of our existing personal informationprotecting law frame, points out that the personal information protectinglegislative quantity, quality and content of are insufficient seriously.At last, combined the relevant legislative trends, proposed perfectingthe suggestion of the personal information protecting legal system,offering the basic tactics of the legal protection of personal informationconcretely. In the field of government, a set of dues course of collecting,utilizing personal information should be established by legislation. Inthe commercial field, with paying attention to the flexibility of thepersonal information safe tactics, the law should be proper and loose.Conclusion points out, it is limited that the protection that is offeredfor personal information by the law, the best way to maintain the safetyof the personal information is improving the ability of self-defen...