Personal Information Protection Act's Legislative Proposals

Personal information as an important social resource has a very high value. Personal information collection, processing and utilization, for businesses can lead to their huge commercial interests; and for government organs can make the government administrative efficiency raised. For this reason, personal information as a new resource sought by all circles of the society. At the same time, the collection and use of personal information affected people's lives adversely. The phenomena that personal information is improperly collected and malicious use sometimes occur, so that people's normal life is subject disrupted. It led to the social communities become louder and louder about the protection of personal information. By comparison and analysis of the foreign Personal Information Protection legal system, and combined with the results of the latest theoretical research in this area. In this article, some of the basic theory of law issues were discussed, the author put forward some views hoping be useful to our country's Personal Information Protection Act. This article has three parts:The first part introduces the Personal Information Protection Act Legislation. On this basis, combining the actual situation in various countries and in our existing legal system make the right choice to our legislation. The author argues that our country's Personal Information Protection Law should choose the overall type legislation mode primarily and self-regulation supplemently.The second part discusses the nature of the Personal Information Protection Act and the legal significance. By analysis of the Personal Information Protection Law is not adjusting only a social relationship separately. Therefore, the Personal Information Protection Law is the domain law rather than the traditional sectoral law. In the article, the Personal Information Protection Act is limited to private areas, so damaging of personal information is against the natural rights of personality. Therefore, in the context of the private law, the Personal Information Protection Act belong to the tort law. Establishing the Personal Information Protection Act will be conducive to establish the general regulations of the Personal Information Protection Act; be conducive to protection of individual rights; help to promote information sharing and freedom; be conducive to safeguard democracy and the promotion of international trade and cooperation.The third part is constructing the basic content of the Personal Information Protection Act. The author defines the foundation of protection personal information rights should be the general personality right. In the end, the author put forward some views on identification of damaging personal information, tort liability forms, tort commitment and disclaimer.