On The Legal Protection Of The Personal Information

As a kind of an important social resource in this information age, Personal information is collected and processed by the state organs, enterprises and other social organizations. In that connection, more and more torts on the right to personal information occur. So a variety of personal information protection legislation in today major developed countries and more advanced regions reflected. But until now, China is not yet has specific personal information protection legislation, let alone a set of effective personal information protection legal system. In the face of the growing misuse of personal information, we must speed up the legislative process of personal information as soon as possible to develop a specific personal information protection laws. This study aims to put forward my personal initial ideas. In this paper, comparative analysis is the main method of research.This article firstly introduces the definition of personal information and clarifies the relationship between personal information and related concepts to define the scope of personal information. Secondly, discusses the state of the legal basis for protection of personal information as well as the specific content of the right of personal information. Thirdly, explain our current situation of serious infringement of personal information and legislative significance. Finally, comparing the Legislative mechanisms of personal information protection of European and American countries put forward legislative proposals of personal information protection based on the conditions of our country.The main conclusions of papers are:first, excluding "Ownership theory", "Privacy theory" to confirm the legal basis for the protection of personal information is general personal right; Second, the EU's unified legislation model is more suitable to China's national conditions, should expeditiously enact a specific Personal Information Protection Law; Third, personal information protection law has both civil law attributes and administrative law attributes, so, I creatively attribute it to Information Law Department. And in view of the complex property of the Personal Information Protection Law, sub-chapter is more reasonable legislation. Fourth, for designing of the specific system, executive authorities must play an important role, to build a set of administrative supervision and management system; Fifth, the author thinks personal information protection's biggest threat comes from public power, if we want to strengthen the protection of personal information we must focus on the content of personal information rights, and specific systems of regulation, but also focus on the principles of administrative law.