A Comparative Study On Privacy Protection Of Personal Information Across The Taiwan Straits

Information spreads in high speed through hi-technology, such as internet, in the21st century, information communication and sharing is the foundation and main content in international association, which makes huge threat to personal information privacy. To balance the relationship between development needs of information age and the protection of citizens’ personal information privacy, many countries make efforts to draft relevant laws, regulations and policies according to local conditions. Civil law in Taiwan developed earlier, has more emphasis and research on the privacy of personal information, and has achieved some success.In contrast, China mainland has not yet formed a complete legal system to protect the personal information privacy. In July the1st2010, we had<Tort Liability Act of the People’s Republic of China>Implemented, the concept of personality rights of privacy was put forward in this law explicitly, this was the first time that the concept of personality rights of privacy appeared in laws of China. Personality right of privacy is an independent personality right and be protected by direct legal means in the mainland civil law system from then on, which will cover the shortage of protecting Personality right of privacy through reputation right, effectively. This fully reflects civil law in China attached much importance to the protection of personal information privacy, the protection of the privacy of personal information in the mainland stepped into a new age. By comparing the civil law about personal information privacy protection legislation, we can identify the shortcomings and deficiencies of the mainland civil legislation on the privacy of personal information protection, such as the scattered legislation mode, non-complete and non-mature legislative system, the legal provisions on personal information privacy is not clear.The Constitution is the fundamental law of the country, is the prerequisite and basis for the formulation and implementation of other laws and regulations. In order to protect the privacy of personal information, the law in mainland shall establish the constitutional basis on protecting the privacy of personal information first. Civil law, criminal law, administrative law and other department laws should be harmonious and unified, mutual complementation and mutual promote on the protection of the privacy of personal information, therefore, and civil legislation should be coupled with criminal and administrative legislative strongly to protect the privacy of personal information. So the completed optimum path for personal information privacy protection in China mainland is:on the one hand, to make the civil law system strictness, strengthen the advancement of civil legislation to adapt to the needs of the information age, which things changed rapidly, and civil legislation should be coupled with criminal and administrative legislative strongly. On the other hand, speeding up the process of the development of <the Personal Information Privacy Act>, taking advantage of special law in protecting the privacy of personal information; to strengthen the regulatory functions of government departments, setting special personal information privacy protection supervision department; and to improve the awareness of all the people to protect the privacy of personal information, to form a joint force with the protection of the law, making a better protection of personal information privacy.