The Right To Personal Information Protection On Law

Personal information that is full of commercial value and social value is social resource of this information society. The government, enterprises and other social community try their best to collect and deal with the personal information. In recent years, more and more torts on the right to personal information occur and can not be effectively controlled or resolved. Foreign countries like America and the European countries started researching and legislating on protecting personal information since the six decade of last century. American separation model and European Union's united model both function well. In China, articles on personal information protection are all separated involved in kinds of laws, and almost depending on the privacy, names and reputations. In a nutshell, problems of disclosure and abuse of personal information are never solved.Our country has not worked out laws on personal information protection until now. there is still controversy on theory basis of the right to personal information protection. Before the relevant law's legislation, the author tries to start with the theory of personal information, makes a systemic analysis on this topic.The first chapter defines the personal information and character of it. then it makes a comparison between relevant definitions, and discusses the theory basis of the right to personal information protection and finally analyzes the relationship of laws about right to personal information protection to specify the rights and responsibilities of persons.The second chapter introduces the foreign laws and articles about personal information protection and analyzes their advantages and disadvantages of them for our better reference.The third chapter makes a conclusion on our legislative background, and analyzes the self-discipline circs of Internet. Then it proposes effective advices after carefully analysis on reasons of abuse of personal information.The last chapter argues that the right to personal information legislation should protect balance between personality rights and personal information, and protect the reasonable use of personal information to enhance the economic development. According to the analysis about united legislation, self-discipline and technological regulations, the thesis proposes the new legislation model, in which the governmental legislation plays a dominating role with self-discipline and technological regulations' assistance and makeup. It also proposes the basic principles of legislation on this topic and civil liabilities after analyzing the "privacy and personal data protection guidelines for cross-flow" stipulated by organization of trade and economic cooperation.