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Study On Legislation Of China's Personal Information Protection

Posted on:2011-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhouFull Text:PDF
GTID:2166360305456931Subject:Law
Abstract/Summary:PDF Full Text Request
The global flow of information is a prerequisite of economic globalization, the process and results. Information collection, processing, exchange, dissemination and utilization have become an important part of human activities, but also directly or indirectly created a lot of wealth. Now information has become the object of production, information production and trade has become a reality. As the relationship centered on interests has become more complex, information has become the carrier of the interests. In this case, the main body of the legitimate collection of personal information the the illegal collection of information sale or disclosure personal information acquired in order to reap benefits. The development of science and technology leads in the development of human society, but the negative impact of technological development is also very significant. For instance, we are more familiar with the "Cookies" tracking technology, network monitoring technology, hacking, computer virus technology, etc Some web site suse its technological advantage and facilitation services to access personal information without obtaining consent of the owner , by requiring Internet users to fill out the registration form online, or recording information of some network terminal user through software. The institutions which have individual information take the initiative to the inappropriate disclosure of personal information to third parties without consent of the owner. In tradition, personal information is often neglected. In daily life, many people will encounter the"questionnaire"as so on. Usually questionnaires will have name, sex, contacts, etc., many people believe that fill out the "questionnaire" would require little effort and will not pairs of self-inflicted substantial damage, in these ways of thinking, their own personal information is on the leaked inadvertently. Leakage of personal information to our society takes great harm. Construction of the legal system to protect personal information has become an urgent responsibility of legal circles.The first chapter of this paper makes definition of personal information. Personal information is a legal concept with a specific connotation, and what kind of personal information should be protected is the basis issue of formulating the Personal Information Protection Law. In this paper, a comparison with other related concepts clear the concept of personal information, and the legal attributes of personal information, as well as the constituent elements through the analysis. They determine the positioning and selection of personal information legislation. Therefore, the Study of the legal property of personal information, also become critical. So, this paper will describe what kind of legal property does personal information has, and what does constituent elements include.The second chapter is basic theory of Personal Information Protection Law. First we introduce the concept, Personal Information Law directly regulate the handling of personal information, which both recognizes the rights of the main body of information and the rights of information managers to stop competition, balance complex and change relationship between social interests. Second, this chapter discusses the nature of the Personal Information Protection Act, personal information protection law includes fields law, rights law, statutory law, jus cozens. Then this caper discusses the basic principles of Personal Information Protection Law, and introduces eight items of the principles with the guiding of OECD. As this theory, For what personal information should be given to its protection, should be based on different types of personal information. Finally, this chapter describes the basic policy, and take the lowest cost protection mechanisms, and to obtain the greatest benefit. The government must balance the interests of the various aspects to make a selection of the basic strategy to protect personal information.The Chapter describes China's legislative status and the actual needs of the protection. First we introduce China's legislation. Now, the mainland of China doesn't have personal information protection laws and regulations specific, but provides a number of legal provisions, which have a relatively narrow scope of application, and many of the provisions only provide for the protection of personal information, obligations, but not provide consequences of the obligation. Taiwan, Hong Kong and Macao has developed Personal Information Protection Law. Secondly, making laws has practical needs, such as being conducive to developing e-commerce, the needs for international trade, to promote the development of information industry and to safeguard national sovereignty.The fourth chapter describes the legislation mode abroad and the selection of legislation mode of China. Despite the protection of personal information has already reached a consensus on a global scale, but in the the strategy of protection is different. First we introduce the legislation mode abroad, mainly including uniform legislation mode, decentralized mode and self-regulation mode. Uniform legislation mode includes German mode and Japan mode .Until now, the protection policy of the law includes two aspects, the first one is based on self-regulation of information management organization by making self regulation to protect personal information. The other one advocates Personal Information Protection Law, so that information for their natural rights as basic human rights are guaranteed by law. As present, the Chinese government is not very clear about the basic policy of personal information protection. In the process of transformation of social information, the government should make it clear the strategy for the protection of personal information in the face of disorder caused by absence of personal information protection. Draw on a global scale the major legislation and making a comparison of advantage and disadvantage and differences between the principle of personal information protection and difference of legislation, the Personal Information Protection Law should be based on pragmatic basis of the theory. We should not make a plight of legislation in the future for the basic positioning mistake.The fifth chapter describes where will Personal Information Protection Law be used. First we divide the application of the law to three levels. The first level is for civil and administrative law and others, which are in the lowest level; The second level is personal information protection law, which is the common law; and the third level is the special law. Then we discuss some personal information protection law applicable exceptions, first is sensitive personal information; the second is the issue about law administrative; the third is that the citizens should raise the awareness of self-protection; the last one is to safeguard personal information through business self-regulation.This paper includes five chapters, which makes a discuss about personal information protection and other issues. Due to leakage of personal information and many other events, we must emphasis on personal information as traditional character. Personal Information Protection is a new issue, which should be based on the national conditions, and at the same time, we should learn from others and make theoretical basis for Personal Information Protection Law and make it in line with China's conditions and the international conditions.
Keywords/Search Tags:Personal Information, Personal Information Protection, Legislative Mode
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