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The Legal Protection Of Personal Information

Posted on:2011-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:X N LiFull Text:PDF
GTID:2166360308967917Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Personal information is the sum of information that can individually or combined with others to ascertain an man.The power of information is the subject of rights enjoyed by the law,with witch the man could dominant,contral and eliminate the use or abuse by the others.Personal information is a human rights,and is the basic rights why the man is the man.personal information is a concrete manifestation of human dignity,and this is also the theoretical basis of legal protection of personal information.However,in the age of rapid development of the information,the violation of personal information usage occur usually:dissemination of personal information becomes no boundaries with the develop of network,so the personal information encountered the threat as never before;at the same time,as the demand of the government management,more and more government departments involved in the collection preservation and use of the personal information.Personal information go from the space of self-determination to the sight of public power.It makes challenge because the public power has wide distribution and less retrition.To requirement the times of protection of the personal information,only the civil and administrative law are not enough,in order to establish a set of personal information protection mechanisms,the rights to personal information must be raised to a high degree such as constitutional protection,and this could also withstand the constant threat of public power and fundamenttaly contain the network acts recklessly.Personal information protection pactices abroad has matured,whether from the constitutional point of view or the Executive and legislative mode,both explore the valuable experience for the legal protection of personal information. At the same time,the interational trend of the protection of personal information shows that,as a basic human rights,the personal information rights should be adequated protected by the legal.But at present,the legal protection of personal information is not optimistic.in addition to lack of the consciousness of personal information protection,there also has the phenomenon of serious violations of personal information and lack of basise which the legal protection based on.Therefore,set up our system of legal protection of personal information has become a priority Specifically,first of all,we should change the traditional concept,establish a standard of the way on personal information.Secondly,we should establish the legal basic of protection on personal information as soon as possible,at the same time,we also should set up the rights of personal information in constitution.Thirdly,we should improve the supervision of the enforcement,,so that the implementation of legal personal information rights can really go on and on.Finally,set up the protect relief system,establish the constitutional review mechanism and the relief system in the administrative law to ensure the protection of rights remedies.
Keywords/Search Tags:personal information, the right of personal information, personal dignity, legal protection
PDF Full Text Request
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