| Information technology revolution takes the mankind into the information society which causes great changes in human lifestyle. It is no longer complicated and difficult to collect and process personal data, and indeed, personal data is to be processed with fast speed beyond people's imagination. Due to that, not only the efficiency of commercial operation and government execution is raised, but also it becomes more and more convenient to acquire citizen's personal information in daily life. At the same time, such convenience results in more strict requirements of personal information protection. China promulgated several regulations and rules in previous years to regulate behaviors infringe the right to personal information, but overall, it could be said the legislation of personal information is not sufficient and comprehensive. In reality, unpleasant circumstances always happen such as personal data is illegally used and revised without the person's consent following his privacy disclosed.. Therefore, it is quite necessary to step into the process of law making on personal information protection which will lead to a harmonious society where business and government is operated with efficiency and personal right is fully protected. Based on such purpose, I write this thesis with the content of personal information definition, its feature, the theory basis of legal protection, current status of China legislation on personal information protection and comparison of other Countries'legislation, hoping it will be helpful to give some recommendations to China personal information protection.The structure of the thesis is as below with four parts.First Part emphasizes on basic notions of personal information. It discussed the definition of"information","personal information'and etc. As well as the features of personal information, pointing out that personal data shall mean any information relating to an identified or identifiable natural person. Here EU rules are appreciably referred.Second part of the thesis stresses the theory basis of personal information protection. Either for developed countries or undeveloped countries in legal protection of personal information, when they face the threat brought by information technology revolution, they both initially take"the right to privacy"to protect personal right, because the impact caused by information development concentrates on privacy area. However, with the development of the society, negative form of protection with legal basis of"privacy right'cannot meet the increasing demand of comprehensively protection of personal information. If one cannot control his own personal information, he cannot control his life. So a new theory of information protection"right of information self-determination"is developed based on"control of information". Third part of the thesis is the most import part. It sets up a whole system of information protection based on how personal information is collected, used, processed and transferred. First sector explains the definition of personal information right, which is the spirit of the whole text. Second sector describes the subjects concerning personal information including"data subject","data controller","third party"and etc. Moreover, their respectively definition and scope is discussed as well.Third sector talks about the supervision of personal information protection. In this sector, I refer to EU and Japan practice, together with , aiming to give some suggestions to China supervision in personal information protection. Fourth sector explains the obligations and rights divided between all subjects through the process of collection, process, transfer, use and etc. What rights the data subject could enjoy, what obligations data controller should take, and what rules third party should take care of are all topics in this sector. But if personal information right is infringed, what relief data subject could consider and what responsibility data controller or third party should take are discussed in Sector five.The fourth part emphasizes on the current status of China legislation including regulations and laws directly or indirectly protect personal information, and some cases. As well as that, point out the deficiency of current legislation on personal information protection. Finally, according to the analysis, I propose some suggestions for improving the unpleasant situation re personal information right protection.
|
PDF Full Text Request