The Research On Administration Supervision Of Personal Information Protection

Penetration being commercialized with computer popularizing and information, individual information protection already becomes one kind of common need, this fact implies individual and the country, deep change happened in the relation between individual and society. Safety and rational use ensuring individual information, acting on self's own having embodied individual in the field living privately, get involved in or invade and harass at will groundlessly declining the country and society from this, maintain a family's , daily life is tranquil , this idea is that the west rules what society cherishes by law all along. Our country is the government leading factor type country , the administrative organ all plays have arrived at self's move greatly affects the general condition role in the field of the nation's economy and people's livelihood each , the controlling power to information to inspect with this new model right extremely easy to be ignored, the person does not allow the superiority ignoring disregarding It both carrying out a guarantee from timeliness , technicality be still pragmatism aspect , from administration authority. Now, our country "individual information protection bill " (the expert suggests draft) already submits State Council consideration , get up to academic research carrying out also flaring like fire set to dry tinder that individual information protects , focusing on legislation value and the analysis carrying out significance that information protects briefly to the individual commonly but, the research results analysing individual information specially from legal supervision angle protecting system is comparatively rarely seen. Thesis studying direction's as the administrative law, will be that a such distinctive visual angle sets off from administration supervision the main body of a book, construction our country individual information protection bill administration superintends system coming administration supervision way such as addressing inquiries to , supervising , reconsidering by registering , putting on record , examining , being permitted by.The main body of a book Partâ… has superintended fundamental system problem having introduced that individual information protects administration , the concept , character and the go into classifying, for full text having made clear that individual information protects administration superintending system have establish a basis."Individual information is that precise writer, photograph etc. is single-handed refer to the individual full name , address , birthdates , ID card number , medical treatment precis writer , consciousness of the outside world or and information contrasts other being able to distinguish specially appointed personal information ", individual information the can be allotted the individual information preserving and owning for sensitive individual information and trifling individual information, make individual information and the conceal individual information , common branch known to the public and private branch is preserved and owned. That individual information protects administration supervision is that person is according to law in the light of certain to government bodies and the other personal information processing refer to government administrative departments arrange the standard or the retrieval way, automatic method stores to individual information collecting, supervising , system that such behavior as being put into use , being exchanging , being known to the public , being revising, being deleting, being destroying carries out charge deviation in process for protecting enforcement with the information supervising , guarding against , controlling and correcting that individual with the automation or mistake and fault use ensure that individual information protection bill legislation target come true concrete administration behavior. The country in belonging to the legal supervision category on the character is superintended, is is that individual information protects legal supervision system important component. Concert protecting administration superintending the supervision being government administrative departments in legal supervision system protecting a field in individual information applies to individual information, reason the part being the legal relation that behavior initiate's turn to be that individual superintends legal relation in information legal relation, belong to second nature legal relation, administration superintends however individual information protects important component in superintending legal relation, it supervises with social supervision and the judiciary waiting for the interested party right duty that the state organs supervision combined action hits the target other in individual information processing process, ensure individual information law carrying out being put into effect. The main body of a book Partâ…¡three aspect has discussed the rationale building individual information protecting administration superintending system from information controlling power theory, responsibility government theory and risk administration theory.The information controlling power is to refer to everyone be entitled to decide if the others who delivers and provides whose individual information is put into use by self , is when right of what range what way to make individual life fact known to the public in within self decides mainly by the individual, right to be informed , individual information inquire about right , information amends right including individual information power to make decision , individual information, individual information is safe request that right, information blockade right, information reward request that right. Besides responsibility government theory demands the public administration of the modern society function except bearing the tradition order administration, must accomplish the function ensuring marketplace balance to society masses providing services. The modern government needs to undertake up action "common benefit promoter's" responsibility: The benefit assigning the stratum making up the marketplace unbalance, balancing diversity once again , excessive society of laxation passing to social resources are unfair. Individual information is one kind of important social resources , is that specially appointed individual is all, but information the illegal large-scale spicilegium using person to be put into effect , the behavior abusing individual information have destroyed the right operation order then gravely. For saving this dogleg interest relation, promoting society justice, the government does not respond to taking as an example "limited" look on with folded arms in name, but must bring a positive role into play, the awe-inspiring with country authority defends civil individual rights. Risk society demands revolution of administrative law type , demand to must be tied in wedlock the country and society's strength, the gauge carrying out efficient risk makes, in society in the nowadays, target preventing risk from already becoming government administration main part, government there be responsibility foreseen various latent risk, and by the fact that the corresponding technology waits for measure "to prevent trouble before it happens ", but the possibility that this foresees and correctness, and the precautionary measure high-effect come from in administration supervision.Partâ…¢is unlike the main body of a book according to superintending a marriage partner's, the information having discussed individual in two aspects protects administration from the supervision to information processing person and the supervision to information subject superintending system content.Information protects a field in the individual , ought to make use of value to judge principle carries out balance on to protecting individual information right composing in reply this pair of value boosting information circulating, but this principle applies to administration supervision, be supervision organ benefit how suitable for use judges principle, one aspect supervises and urges the information processing main body to fulfill individual information protecting duty , restricts information main body information controlling power abusing on the other hand. Room benefit thereby, being on the move for individual information protection and information liberty balances the purpose realization , individual information protects the content that administration superintends also must embody in this two aspect: The supervision to information processing subject is lain in preventing the person from abusing individual information , is includes principle clear and definite and safe principle collecting principle , purpose directly concretely; The supervision to information subject is embodied in mainly restricting the person abusing information controlling power, the information controlling power being appropriate within the range defending national security with benefit , society and common benefit and protecting others benefit restrict the information main body.Part IV is listed in the main body of a book in the basis commenting that as said or narrated above , is draw abroad advanced experience , is is tied in wedlock our country current situation, have structured our country individual information systematically protecting the concrete system form that administration superintends.At present, be in the world range inner, the country who has worked out the protect the one-way law or similar law of individual information, abides by two kinds patterns in general: One kind of face to face common field and private field being to take European Union as representative unites the standard pattern, the reality according to our country adopt the European Union pattern comparatively proper. According to the different arrangement of ideas structuring system, the structure protecting administration from four the following aspect to our country individual information superintending system builds the main body of a book having carried out analysis: On legislation pattern, our country ought to adopt the common branch with private branch mark of seal legislation way; On interposition superintending an organ, the information choosing the way that the specialty superintends setting up independent individual protects the call for superintending an organ being able to satisfy our country long-term development more; On superintending a pattern, protect degree according to diversity needed by sensitive information and trifling information , ought to adopt the treatment with sensitive information being put into use allowing system to be an exception, the information treatment uses the principle that the criterion makes other; In the field of the concrete way supervising, put the system principle supervising into effect , adopt the thing neutralizes after the event in advance, such as, register , put on record , be permitted by, examine and approve, address inquiries to, various supervision means such as mandatory administrative measure , administrative penalty , administrative reconsideration supervises individual information protection bill stigmatism process all round entirely.