The Reflection On Protection Of Personal Information In Cyberspace From The "Human Flesh Search" Perspective

The human beings has entered into an information society in pace with the coming of 21st century. The collection, processing or the usage of information became more convenient and faster as the development of the information technology. The personal information immediately becomes share information of all who participate in network at the moment it flow into the cyberspace, because of the interconnection, sharing, exchange and weak security features of the internet. In that case, it comes up with a threat towards personal information, especially the new network personal information, thus bring the birth of the concept of the network personal information. Is generally believed that the network personal information is something information that are able to identify someone he who engaged in internet activities, and it is an expression and extension of the traditional personal information in the network environment."Human flesh search engine"technology is a product, which gets an answer from the users of network, of the highly interactive of the internet technology. In the front of the"Human flesh search engine", the network personal information became more and more vulnerable. If personal information is a coat wrapping the privacy of individuals, then the developed"Human flesh search engine"is a pair invisible hands that peel the owner of the personal information as one of the "transparent man." Since the"Human flesh search engine"comes up that lots of"Human flesh search case"are founded in the net or newspapers, which contains:"The died blog case","The KongFu girls"and so on. These events reflect the one hand: the majority of Internet users in the pursuit of justice which is also a reflection of citizens to exercise supervision by public opinion; But the other hand, it is also a reflection of the lost of the traditional value concept to the people, the network personal information become the eggs under a siege."Human flesh search engine"is a double-edged sword, not only giving a power in the pursuit of justice, but also hidden a significant beholder that infringement of personal information. As the absence of the"Personal Information Protection Law"and other relevant laws, making that the condition of the protection of the personal information is un-optimistic, the infringement of personal information especially network personal information spread unchecked. The new "Tort Liability Act" and "Criminal Law Amendment" (7) wrote that: the behavior which infringe of personal information in the network should undertake the tort liability or criminal responsibility, but the two laws do not defined the extent of the tort liability or what behavior should bear the criminal responsibility, which can not effectively protect the personal information. The coming of the "Hollow Man" era, calling for the relevant judicial interpretation of "Personal Information Protection Law" and "Tort Liability Law," "Criminal Law Amendment" (7) and complete personal information protection regime other as soon as possible.In sharp contrast with our country, for the safety of the personal information in the e-commerce activities and virtual space, there were more than 50 countries and regions has developed personal information protection laws or standards. In 1995, the EU adopted the "Personal Data Protection Directive" which restrict to the cross-border personal information, and the third country are asked to pass the EU's "adequacy" standards of protection, if not there will be a prohibit of personal information flow into the country, what is the"NO PRIVACY, NO TRAHE"principles.This article is divided into six parts: Part I briefly described the research background, research methods and research purposes and so on; the second part introduces the meaning and origin of"human flesh search"technology; third part is mainly elaborate the concepts and features of network personal information, then analysis the necessity and importance of the rules system "human flesh search" from three aspects; the fourth part make a brief general and demonstration of the legislation or practice on protection of personal information abroad; Part V expounded China's Personal Information Protection Legislation and legislative proposals; the sixth part of the conclusion.