Study On Personal Information Tort In Our Country

Since 1970's,the technology of information and internet has been developing rapidly,and resultantly mankind entered information society.Personal information is one of important society resourses and plays a vital role in people'production and life.Meantime personal information'collecting,processing and utilising are becoming exceedingly convenient and rapid,which makes personal information tort abused,and thus personal information protection is gradually focused on.Presently many countries have made laws to protect for personal information,but so far our country lacks of associated laws,as a result protection of personal information is poor,so it is urgent for us to make a high-level law of personal information protection to plomb this legal vacuity.In this article,the legal attribute of personal information right and the relationship of personal information laws are analyzed,and personal information tort and its legal liability are specially illustrated, based on basic theory of personal information;legislative suggestions about personal information protection law of our country are put forward,based on comparison of associated legislation of other countries and the legal status of personal information protection in our country.This article is divided into four chapters.In the first chapter,the fundamental theopy of personal information and its protection are introduced,including the concept, haracters, classification and legal attribute of personal information,the legal relationship of personal information protection laws,and so on.In the second chapter, personal information tort is illustrated,including its concept, classification,constitution, imputation principles and legal liability.In the third chapter,associated laws of personal information protection of several international oganizations and other countries are compared, and the status and shortcomings of personal information protection laws of our country are analysed.In the fourth chapter,the legislative suggestions of personal information protection of our country is put forward,which is the emphasis and highlight of this article,including selecting the mode of legislation,deciding the principle and the scope of application of personal information protection laws,and establishing institution enforcing the law,which are major problems to resolved in the law-made.