Research On Legal Issues Of Personal Information

Following the 30 years of reform and opening up, the public power agencies and various non-public authority when carrying out daily activities, it will collect, store a lot of personal information. Especially since the revolution in information technology, the continuous development of new technologies, personal information in a short period was a large-scale processing. Information subject to their personal information can not be separated from others by a variety of separate personal identification information, or to combine with other information and personal identification information, and India will be able to carve a person's main information or partial information. On one side is the collection of information is illegal, he is also ignorant of the main personal information, information the main do not know when their personal information had been violated, do not know their personal information by the extent to which the infringement, but also do not know for his available personal information is true. However, in the socio-economic activities, the relevant bodies, in particular the management functions of social institutions on an individual basis based on information I have made on a variety of administrative acts. Information society will be the main in the abundance of personal information can not be controlled in the main scope of this information and decided the main body of the information society, the image of the other people in society can be made in respect of personal information I have the basic information on value judgments. Personal information in the public domain in the course of the flow of errors if included, will the information I have an extremely adverse impact, the main personal information in social life are the most basic rights can not be guaranteed. China's current legislation on personal information is personal information indirectly, the provisions of the security mechanisms, there is no specific law in this respect the legislation of direct, personal information collection and processing have been improperly denied legal protection. Therefore, there must be personal information as soon as possible of the specific legislation, the only way the subject of personal information in order to be guaranteed the right to information.In this paper, by comparing the domestic and international legal protection of personal information system and the stage of theoretical research on the personal information of some basic issues to explore and look forward to my personal information protection legislation be helpful.The thesis consists of 5parts.Part one, the introduction, introduces the current situation of research on personal information protection, mostly manifesting as a large number of illegal collection of personal information led by the development of information technology and the absence of related legislation.In the second Part, The author of the Interpretation of personal information, defined the concept of personal information, characteristics and classification. Personal information refers to a natural person's name, gender, age, height, weight, occupation, degree, race, marital status, family status, educational background, health information, the financial situation of any direct or indirect, such as to identify the individual-specific information.The third Part is about the nature of the Personal information. It is widely accepted in legislations and the scholar fields of our nation and foreign countries that the Personal information as a right should be Protected by the law but there still have many argues about the law nature of the Personal information, the Personal Information as an object, It should be covered by which kind of rights is still in discussion. I ruled out the right person will be the object of that general personality theory to explain the expansion of personal information as an object to protect special personal right. Personal information here special personal right object that is different from the previous special personal right in the traditional sense, is a new object of a specific personality.In the fourth part, discusses the legislation of personal information protection deeply. The value of personal information right lies in protecting the dignity of personality, safeguarding personal rights, strengthening the share and exchange of information, promoting the international trade, maintain democracy as well as improving and accelerating the construction of harmonious society. However the current situation of personal information protection is unoptimistic, though which is not blank, but with shortages compared with developed regions overseas. The thesis considers that we should quicken the legislation of "personal information protection law" and raises legislative suggestions on legislation modes, principles, liabilities of personal information, institution of personal information protection and the international flowing of personal information.Part five, the conclusion, considers that although the legislative procedure of personal information has started and the jurisprudence circle has attained some achievements on the research of personal information, but generally speaking the research of this region is still very weak, which needs further deepening in the future.