On The Legal Protection Of Personal Information In Network Environment

Recently, more than 50 countries and regions have formulated the relevant laws and regulations for personal information protection. It is worth to mention that there is an increasing tendency due to the significant improvement of the Internet technology and the human right consciousness. According to the legislation system over the world, the legal concept of personal information has been categorized into three different definitions including "personal data","personal privacy","personal information". The third category is mainly taken by Chinese juristic system, as it is not better serving the construction of the legislation system, also accord with the social background in China. Personal information is defined as the one that can identify the sum of all natural information. It generally includes such information as name,sex,age,address,medical records,marital status,hobbies,property status and so forth. In the IT era, the personal information security is concerned with many aspects, such as management, moral and legal, an incomplete legal system, therefore, result in the lack of personal information protection in an unbounded internet environment. Considering on its characteristics, the subject of the personal information is restricted to a natural person, and the objects are about the digital right of personality and property rights with the sense of identity and timeliness. As an important social resource, personal information is good for ensuring the fundamental human right, establishing a personal credit information system for the maintenance of mass-market information security, and stimulating the development of Chinese E-commerce and international trade.With network fast transmission characteristics, which makes anyone easy infringe others'personal information. Followed time pass, these threaten became more and more harmful; complex, concealed, and also increasing degree of serious violations within enlarge target area. The torts of personal information under the network environment mainly involve three kinds:First, professional data collection companies impose illegal uses of personal information. Second, network service provider and spy software impose illegal uses of personal information. Third, network hacker and other network users steal others'personal information using and spreading under illegal way. Infringed personal information under the network environment was great harmful, not only infringe their personal right and property rights, but also using these personal information to personalities. As a result, criminal phenomenon happens more and more, useless information also disrupt the people daily life.Till now, China has not published specific Laws about the personal information protection. In our country most of personal information protection rules scattered in the Constitution, and other normative documents, which means China haven't build a comprehensive Law system to protect personal information. Duo to network legislation lack of practice experience and less focus on personal information protection. In addition, the community right-to-know and public right of free speech makes network legislation more complex to protect personal information. With the national legislative lags behind, the local government about personal information legislation is coming to the front. The purpose of government legislate personal information protect Law to protect citizens' daily life avoid from unlawful infringement through a deeply level methods.At present, most of the world countries pay more attention on personal information legislation. Review the Law of personal information protection of foreign countries and other regions, usually they restricted by legislation and business self-discipline standard. Basically, they have "American mode" and "European Union model", our country can draw lessons from foreign countries successful experience in legislation and practice experience. Meanwhile, combine our country's legal system characteristics, formulate personal information protection laws which conforms to our country currently Internet development features.Compared with the importance of personal information security at present in the world, the current legal protections in China still stay on the right of reputation and privacy. It is because of the characteristic of Chinese legal system that finalizes a form of basic regulation, and different departments then formulate the specific rules for implementation respectively. As concerned, the legal protection for Internet personal information should show up from the constitution at first, and then it is necessary to speed up the complement of the personal information protection law, set up a well organized legal system, complete relevant regulations, strengthen international cooperation against the abuse or illegally spreading personal information simultaneously, in order to generate a harmonious both network and real society.