Study On Civil Law Protection Of Personal Information

This thesis bases upon the information times when personal information is becoming more and more attended by people nowadays. First of all, the author made a brief general introduction about the right of personal information and its attribute. Then the author investigated the lawmaking in some main countries and concluded three model modes of lawmaking: EU mode, USA mode and eclectic mode. The author made comparisons between the three modes and discussed their differences and commonness. Besides, the author also made appraisals to the three model modes, and summarized something which is useful and revelatory for the lawmaking mode of personal information protection in China. Third, the author summarized concrete legal regulations of civil law in China. Because of the legal deficiency, there is a lack of legal protection for personal information in China. So the author explored the importance of the lawmaking on the protection of personal information. The legislation on protection of personal information is carrying out now in China, based on the facts, the author has brought forward a macroscopic thought about how to complete the civil law protection of personal information in China. Finally, the author made a initiatory thought to the specific system about law of protection of personal information, that includes the principles; rights and duties; the elements; the specific rules on information's collection, management, use and transfer; the tort liability of personal information protection and the protection of personal information in special area, etc. The author tries to make a systemic interpretation to the civil law protection of personal information, and hope to make some contributions to the lawmaking on protection of personal information in China.