The Constitutional Base Of The Personal Information Protection Act

With the rapid increase of information technology presented by computer, the society depends more and more on the information, and it becomes apparent as individual interest and property value.Meanwhile, personal information has its own characters, that is, data publicity and digitalizing. The collecting, storing, transmitting, handling and using them by government and business groups becomes more often and simple. Therefore, it's good for government to improve their administrative efficiency and the service qualities, also, it, offers opportunities for business organizations; but on the other hand, the limitless and non-regulating collecting and handling of personal information is likely to cause the big difference between the"data image"and the actual human. As a result, their individual's dignity sometimes may be distorted, devalued, and person's freedom, self-decision right may be controlled. Then it consequently will lead to the violation of individual's basic rights. In recent years, the cases of personal information violation occurred frequently; some china's business groups were forbidden to collect the client's personal information in European Allies and in Northern America, they confront an awkward situation. Be cause the lack of the related law in this aspect, the present law system couldn't provide them timely and effective law aids.The research of the legal should focus on the development of the society and the demand of the time. Although Chinese government has included the protection of personal information into the legal building agenda; the law researches in china still lack the basic theory, especially in constitution research. The law making concerning personal information protection is quite complete in German, the USA and China's Taiwan. The theory research is blossom and prosperous and the books are abundant in these areas. This paper, based first on the comment on the base of the personal information protection in German and in the USA. That is, America based on the privacy rights while German based on general personality rights, then ,tries to explore the constitutional base of the personal information right in china, from the aspect of explanation, complement and creative function of the constitutional rights. And last me draw a conclusion: we are different from American, the privacy right in China is not beyond the personal information right, but the privacy right lies at the same level with the personal information right. Our law construction should base on China's actual situation, choose the present constitution NO.38 entry—"personality and dignity right",not the American's privacy right, to construct the base of constitution concerning the right of personal information .