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On The Legal Protection Mode Of Personal Information

Posted on:2015-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:X ChenFull Text:PDF
GTID:2176330431972248Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
China promulgated the first National Standards of Personal Information Protection in2013-Personal Information Protection Guide of Information Safe Technology Public and Trading Service Information System (abbreviation:Personal Information Protection Guide). It firstly and systematically stipulate the process, in which personal information user should deal with personal information, and it has great historic significance. Moreover, New National Standards also depend on new legislation idea、legal conception、appliance principle and specific process to become new core of current personal information protection mode. But it also has three great defects:imperfect protection object、 no punitive clause and no compulsory effect. Even though both New National Standards and Telecommunications and Internet User Personal Information Protection Provision (abbreviation:Personal Information Protection Provision), which has additional function, can not deal with the severe current situation of frequently disclosure of personal information in China.This paper argues that because personal information protection and press freedom are naturally inconsistent, we can research from the aspect of press freedom, refering to the protection mode of America、Germany、 France、Japan and Taiwan, aiming to the problems of imperfect, dispersion, indistinction and self-contradiction, seeking the balance of personal information protection and press freedom, to perfect the legal mode of personal information protection. In detail, Personal Information Protection Guide should learn from Taiwan Personal Data Protection Act to perfect it. Moreover, Chinese mainland should draw lessons from the self-regulation and professional ethics mechanism of news media in America and England, and the interest comparison and parties distinction juridical judgement measures in Germany, America and Taiwan.
Keywords/Search Tags:Personal Information Protection, Press Freedom Personal Information Protection Guid
PDF Full Text Request
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