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Legal Protection Of Personal Information In The Information Age

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:D Y ShenFull Text:PDF
GTID:2176330431991574Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In twenty-first Century, with the development of Internet, the human society has entered the the development of social politics, economy, culture. However, people in the enjoyment of information technology brings convenience at the same time, personal information security is also facing severe challenges. Rubbish short message, telephone fraud, filled with our lives, personal information was improperly collected, malicious use, leakage disturbs people’s normal life. This kind of personal information infringement behavior will not only bring to the individual physical and mental damage, will lead to corporate reputation, sales have been hurt.In our country, Information as a new type of social resources, bring people great wealth, promote hough the "constitution","general principles of civil law","tort liability act","Criminal Procedure Law","administrative procedure law" and so on China’s protection of personal information of the relevant provisions, but because of China’s legislation on the protection of personal information is scattered in various laws the lack of supervision, and the specialized agencies, the protection of personal information can not be implemented. Then, the information age personal information commercialization is an inevitable trend, rational use of personal information is the government economic policy, businesses to develop an effective means of marketing strategy. So, the bottom line of legal protection of personal information in where? On the Internet so developed time, how should the law protect personal information? Our country should be a timely and effective personal information protection law how to develop? Faced with these problems, the author will give some of your own perspective from four chapters.The first chapter introduces the concept of personal information and infringement status. In this chapter, the author analyzes the concepts involved in this paper, introduces the concept, characteristics, classification of personal information and related concepts. And illustrates the necessity of our personal information infringement status and the protection of personal information, and pointed out that the "personal information protection law" enacted the brook no delay.The second chapter introduces the rights and the rights conflict of personal information in the information age. Introduces the personal information "personality right","ownership","privacy", put forward the new rights of the information age the unique personal information in China--the right of personal information, and puts forward a new conflict of rights in information era.The third chapter introduces the legislation of many countries and international organizations for the protection of personal information. Divided into national and international organizations two, part of the country to American and Germany, the international organization for the European Union. This paper deals with the America as the representative of the "decentralized legislation" and "self-discipline" combination of legislative mode, represented by German "legislation" model and the European Union as the representative of the "comprehensive legislation mode".The fourth chapter introduces the current situation and legislation suggestions about personal information protection. By analyzing the advanced place of foreign legislation, combined with China’s national conditions, from the aspects of personal information protection legislation mode, legislation purpose, basic principle, supervision institutions made legislative proposals.
Keywords/Search Tags:Promotion of information technology, Personal information, Theright of personal information, The legislative mode, The right base
PDF Full Text Request
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