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On The Legislative Protection Of Personal Information In China

Posted on:2011-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:B CuiFull Text:PDF
GTID:2166360305456980Subject:Law
Abstract/Summary:PDF Full Text Request
Since the 90s of the 20th century, as information technology innovation and the wide spread of information networks, information industry at an unprecedented pace of development by leaps and bounds. Information technology has gradually evolved into a comprehensive social change; the global economic and social development had a profound impact. In the information age, the survival of mankind's political, economic, cultural and all other areas, and even personal life, are based on information access, processing, transmission and distribution.Advanced science and technology for the large-scale collection of personal information and batch processing provides the possibility, before a time-consuming and onerous task may now be in seconds can be completed, greatly improve the government's administrative efficiency and competitiveness of enterprises. However, information technology, like with any other technology, which itself has a "double-edged sword" character To play a positive function of information technology in the well-being for people at the same time, personal information was improperly collected, malicious use, tampering and even disturb the peace of life of individual citizens also will appear hidden, or even endanger the lives of citizens, property security. As personal information reflects the personality of citizen's interests, determine its own image in society, personal information of their own rights as basic human rights has been evolved into a new and important part. The protection of personal information security has become a necessary requirement for protection of human rights and specific forms.Currently, many countries in the world to protect personal information has been carried out on a special legislative activities, and protection of personal information of our country is still very weak theory, the system of personal information protection law still is blank, this situation is not conducive to the fundamental rights of our citizens protection, is not conducive to China's economic development and its interaction with the global economy. Enhance the research on personal information protection of the basic theory and the main problems, for accelerating legislative process of personal information protection. Defined in the form prescribed by law the scope of protection of personal information and protect the principles for establishing a high level of personal information protection mechanism is very important. This thesis consists of introduction, body and conclusion of three parts, of which the body consists of four chapters.The first chapter is an overview of personal information.First, brief introduction of "personal information" the basic meaning of the concept. Through the theorists of personal information used in the definition of three different types of comparative analysis, we believe that the so-called personal information that is personal to have been identified and can be identified with any information. Second, personal information and personal data, privacy and other related concepts are compared. Compared with several other concepts, the meaning of the concept of personal information clear and easy to understand and more concern with human nature, should in the development of our country when the Personal Information Protection Act adopted. Finally, the chapter describes the characteristics and classification of personal information. A fundamental characteristic of personal information is can be identified. Personal information both have personal interests and property interests of dual property and are only a natural person subject. Meanwhile, according to different criteria, the personal information will be divided into four categories.The second chapter is the theoretical basis for the protection of personal information.This chapter discusses in detail from the four areas of personal information protection's historical reasons, the right basis, law-making of practical significance and status of our legislation. From a historical point of view, a law making and produce often has a profound basis in reality. Protection of personal information is as socio-economic and the constant development of science and technology presented new problems. By the rights-based analysis of personal information protection, common law and civil law on the protection of personal information, there are different systems and different features; the former in order to protect the privacy of personal information as the core system and the latter are general personality right basis for the civil law, the right to use personal information protection mode as the core. Theory of continental civil law legal system had great influence on Mainland China, in the choice of rights-based protection of personal information, we can learn from this model in Germany. Need a clear understanding that our current legal protection of personal information is not optimistic, the amount of directly Protecting personal information of the laws and regulations and judicial interpretations is very limited, narrow scope, weak protection efforts. The protection of personal information mainly on human dignity, privacy and personal information related to areas such as the indirect protection to achieve. The main legal provisions are scattered about the Constitution, Civil Law, Criminal Law, among the many laws, but no specific and comprehensive system of personal information protection law. Therefore, as soon as possible formulation of a unified personal information protection law, is the protection of fundamental human rights, but also conducive to promoting China's information resources sharing and mobility, improve efficiency in the use of information, so that Chinese enterprises in international trade to remain active.The third chapter is representative of several foreign countries, international organizations or regional legislative status of investigation.This chapter details and analysis of the 95 European Union directives, OECD pointer, the United States in 1974, "Privacy Law", German "Federal Data Protection Law" and China's Taiwan, Hong Kong such as the protection of personal information rights legislation and practice, and summarizes their Legislation advantages and disadvantages. National legislation the EU-led emphasis on the protection of personal information to the general personal right, personal information is conducive to a comprehensive, integrated protection. The United States will take into account the interests of personal information into the privacy protection mode, it will help protect personal information in a limited context to fully promote the free flow of information. Both models have their own values and social infrastructure as a support, there is a reasonable and acceptable, but there are inevitable disadvantages. For our Government, blindly follow any of the legislative model is dangerous, the correct way is to select the absorption of various models which should be useful experience and combined with our legal traditions, specific national conditions to make rational system design.The fourth chapter is discussion of our personal information protection legislation specific issues.This chapter first analyzes the scope of personal information protection law. To avoid the existence of legal blind spots, and adequate protection of the right of personal information, in the choice of information managers, it is necessary to include government agencies, but also including non-governmental organizations and individuals. The choice of the protection of objects, we believe that both of automatic and non-automatic processing of personal information is included within the scope of protection of personal information. Secondly, in order to personal information protection law to be able to adapt future some new infringement type, it should be establish a personal information protection general principle. This paper which draws on the experience of national legislation and taking into account the problems with international standards, have summarize the six principles of protection of personal information. Finally, focusing on the personal right to information, aimed at the personal information right's subject, nature, specific content, and tort liability and taking the form of tort liability and exemptions etc., the chapter made a detailed exposition. In addition, the chapter also made a brief discussion on the cross-border flow of personal information.
Keywords/Search Tags:Personal Information, Personal Information Protection, Legislation
PDF Full Text Request
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