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Analysis Of Legislation On Protection Of Personal Information

Posted on:2008-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2166360242978904Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The development of the informational society and improvement of the technology have brought us not only the convenience of the life and the exchange but also the wide way of obtaining information. However, the illegal way of collection, revealing, using making over and revising citizen's personal information has exposed more and more universally. Illegally aggressing the personal information is not only harmful at the protection of our citizen's personality and proprietary but also damaged the fair way of entering the completion with international market for our country's enterprises. The first market economic countries have passed the law on personal information almost enforced since the years around 1970s, and even in Europe the regional international covenant to the protection of the personal information has concluded. Since mainly countries in the world have especially done that in our country the study's weakness and the blank law towards that have been bad' not only for the protection of citizens' basic right but the development of our economy and the interaction of the global economy. It is really urgent to strengthen the study on the protection of personal information, ensure the natural,content,protective principle and mechanism of the personal information right, and make the law which can not only fit for our country's situation but also connect with international market to protect the personal information.To be encouraged, China has started the law for the personal information protection and has formed complete and professional law draft. The《Scholars Legislative Drafts About Personal Information Protection Law》organized by Professor Aimin Qi and《Personal Information Protection Law (An Expert Recommended Draft)》organized by Professor Hanhua Zhou are very good examples. But there are stillrooms for study and different ideas about personal information protection law at many aspects. Therefore we urgently need to enhance the study and clarify the property,content,rules and regulations on personal information protection by making a high level law which is both comply with China's situation and follow the international trend . This article has 40000 characters and analyzes about legislation of the Chinese personal information protection law by three parts. The first part is to elucidate the basic theory about the personal information protection law. The second part is to introduce American and Germany's personal information protection law and what we can learn from them. The last part is to systematically discuss the specific problems of China's personal information protection law from eight aspects. The author thought China should speed up to make it's own personal information protection law and raised it's own legislative suggestion against legislative model,basic principle,subject system, the right of personal information system,legal liability of personal information tort, protection mechanism of personal information and personal information transnational.
Keywords/Search Tags:Personal Information, Protect, Legislative Suggestions
PDF Full Text Request
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