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Study On The Personal Data Protection's Legal System Of Taiwan, China

Posted on:2012-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2166330338497866Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development and application of the Internet, information collection and access becomes more extensive. As a fundamental resource for the development of human society, information has made a great influence on human life and production. However, while science and technology brings people great convenience, it also brings many problems to human beings– for example, the illegal collection and abuse of personal data become growing problems. Improper collection and use of personal data is a major threat to the individual's personality and privacy. And then how to protect the rights of personal data is unshirkable responsibility. Europe and United States have an early start for personal data protection legislation, and European countries and United States build their legal system respectively based on"personality right"and"privacy". Following the experience of the West legislative, Taiwan Area enacted a special"law"to protect personal data in 1995, which opened a new era of protecting personal data. The"legislative"and"amending"experience of Taiwan Area for the protection of personal data is an important reference for the Mainland. Because of this, the paper comprehensively examines the"legal system"of personal data protection and its operation, and summarizes the success and the failure to seek the path of building personal data pretention legal system for the Mainland.This paper is divided into four parts except the Introduction and the Conclusion:The first part is"the basic content of Taiwan Area personal data protection law". Beginning with the origin and evolution of the"legislation"of personal data protection, it introduces how Taiwan Area makes a special personal data protection"law"and its amendment process, coping with the situation of abuse and infringement of personal data in the era of science and technology used widely. Furthermore, the basic"legal system"of Taiwan Area personal data protection are introduced, including the provisions in"Constitution","Civil Law","Criminal Law","Computer-Processed Personal Data Protection Law","Communications Security and Surveillance Law","Archives Law","the interpretations of Justices of the Constitutional Court"and a series of"administrative law". Whereas the important and special status of"Computer -Processed Personal Data Protection Law"in the personal data protection"legal system", this part focuses on its main contents, including the"legislative purpose", the party's right system, the relief system and so on. The second part is"a comparison of the personal data protection modes of Taiwan Area, European and United States". In this section, it firstly introduces the efforts made by European Union and United States for personal data protection, and comparatively analyzes these modes, with which the Taiwan mode is compared respectively. When making"Computer-Processed Personal Data Protection Act", Taiwan Area has a sufficient study and learn the experience of the modes of European and United States for personal data protection. This part focuses on discussing how Taiwan Area learns the merits of Europe and United States, and integrates them into its own system of personal data protection.The third part is"the review of Taiwan Area personal data protection'legal system'". First of all, three typical Taiwan cases involving the infringement of personal data, e.g. the case of smart national ID card, are selected to view the status quo and problems of Taiwan Area personal data protection. And then the limitations of the current personal data protection"law"are summarized. Finally the newly amendment"Personal Data Protection Law"is comparatively Analyzed with the former.The fourth part is"the enlightenments of Taiwan personal data protection legal system for the Mainland and legislative proposals". The status quo and research of personal data protection in the Mainland are introduced and the enlightenments of Taiwan personal data protection legal system are drawn. And thus legislative proposals for the personal information law of China are made.
Keywords/Search Tags:Personal Data, Personality Rights, Privacy, the Basic Principles
PDF Full Text Request
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