Font Size: a A A

The Study Of Personal Information Protection Lawmaking

Posted on:2010-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:J FengFull Text:PDF
GTID:2166360275495319Subject:Law
Abstract/Summary:PDF Full Text Request
Since 1970's, individual information's protection is the result of the transformation of human's production and lifestyle on the foundation of the computer generalization and the information technology's development. The result of this historic revolution is pushing the material world's general value and the social order that has been accumulated for several centuries to an unknown dangerous region, while enhancing human's ability to know the world. The personal information, as a new kind of important society resource, is more and more important in the market economy to society's founction. Individual information has been contended for 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 .This causes people's psychological uneasiness and life inconvenient, even can encounter the property or the life danger. In pursues of the benefit actuation of the market value and the social value of individual information, if there are no effective legal rules and regulations, it can create the situation which misuses, abuses individual information, thus harms message body's personal interest. So most developed countries and regions have the lawmaking on personal information protection, our government also plans to push to the lawmaking of personal information protection. In our country educational world, connotation and extension of individual information, and even right foundation of individual information protection still lack the unanimous understanding. In today, individual information protection legislation has already developed in global universal, our country government has already brought into line with individual information protection legislation program, explaining the elementary theory and the main question of individual information, constructing law system of individual information protection have become the legal science urgent responsibility.The author proceeds from the definitions of personal information lawmaking in the world, studies the present situation of the personal information protection. The author also consult much research achievement, then considers it is an issue of great important 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.The first part is the outline of individual information law system.It includes: individual information concept and the personal information right; the personal information lawmaking. Through this part we can have a clear understanding to individual information.The second part is the survey of personal information protection lawmaking in china and make us understand the importance of making the personal information protecting law.The third part, how to draw on the experience of the survey of international personal information protection lawmaking in china. The author studies the US and the EU legislative model. Then the author summarizes how to draw lessons from the experience of the international personal information protection lawmaking in the present condition of China.The fourth part, the problem in the proceeding of personal information protection lawmaking. The author studies the importance problem in the personal information protection lawmaking. The problem include the relationship between the personal information protection and the free flow of information, enhance the government's ability on the protecting the personal information, self-regulation on personal information protect lawmaking, the protection of the personal information in special industries, enhance the law handling and the compensation problem when individual rights injured.
Keywords/Search Tags:Personal information, Personal information protection, Lawmaking
PDF Full Text Request
Related items