The Study Of Personal Information Protection Lawmaking

After entering the information society, the personal information, as a new kind of important society resource, has been contended for by many trades. In information society, a majority of the personal information is collected or handled by computers or other automatic equipments. In the process of information collecting or handling, there has the phenomena of improper collection or handling. And the phenomena of improper collection or handling endanger the people's rights and interests. So most developed countries and regions have the lawmaking on personal information protection. As the lawmaking study on personal information protection is a new juristic domain, there has the difference about the definition of personal information, extent of personal information protection, legislative pattern and so on in theorists. So the study of personal information theory and lawmaking has been the hot topic of discussion in the today world. And it is also the topic which is concerned by Constitution, Administrative law, Civil law, or even Intellectual property rights law. Our government also plans to push to the lawmaking of personal information protection. In this situation, the study on the lawmaking of personal information protection is very important to the process of lawmaking.The author proceeds from the definitions of personal information and the personal information lawmaking in the world, studies the present situation of the personal information protection. The author also consults much research achievement (there are detailed annotations in all the quotation.), then considers it is an issue of great importance and brooks no delay to establish the personal information protection system in China in the shortest period of time. It is significant to the improvement of the system of social credit, the development of the internet and the e-commerce, the protection of the individual rights, the development of international trade of China, the promotion of the legal system informatization in China.There are four parts in the article.Firstly, the general situation of personal information protection lawmaking. The author gives a definition of the personal information, then inquires into the nature and content of personal information rights, discusses the principles of the personal information protection lawmaking. In the base of proceeding part of the text, the author emphasizes the range of the personal information protection lawmaking.Secondly, how to draw on the experience of the survey of international personal information protection lawmaking in China. The author studies the EU, American, Japanese legislative model, and contrasts the survey of the personal information protection lawmaking in China in the form of table. Then the author summarizes how to draw lessons from the experience of the international personal information protection lawmaking in the present condition of China.Thirdly, the survey of personal information protection lawmaking in China and the urgency of pushing forward personal information protection lawmaking. The author studies the present situation of personal information protection lawmaking in China, e.g. there has no comprehensive law or executive mechanism; there is only dispersed articles in Constitution, Civil law and so on. Then the author discusses the urgency and the necessity of pushing forward personal information protection lawmaking.Lastly, the problems in the proceeding of personal information protection lawmaking and compensation problem. The author studies the important problem in the personal information protection lawmaking. The problems include the relationship between the personal information protection and the free flow of information, the establishment problem of executive mechanisms,the self-regulation on personal information protect lawmaking, the personal information protection lawmaking of the collecting and handling. And the author inquires into the personal information protection law's application in industries, and then gives the advice of the lawmaking. The special industries include the system of individual credit reporting industry, internet and e-commerce industry, medical and judicial industry. Last, the author discusses the compensation problem when individual rights are injured.