| The mass application of computers and the development of network technology have pushed people’s ability to collect and process personal information to an unprecedented height and significantly improved their efficiency to utilize the information. Meanwhile, since personal information is more and more integrated and digitalized, it is more frequent and common than ever for state organs and other organizations to store, transfer, process and utilize it. Nevertheless, personal information is also exposed to risks such as inappropriate collection, processing and abuse, which leads to frequent occurrence of infringement of personal information. Therefore, it is urgent to explore ways to protect citizens’ personal information from inappropriate intervention and infringement. However, due to the absence of related domestic legislation, the current laws are unable to provide timely and effective protection. Although the China government has put personal information protection into legislation plan, the theoretical research of it is almost blank in jurisprudential circle in China. This essay is intended to provide some insights for the research and legislation of personal information protection of mainland China through introducing and analyzing the legal system of it in Macao.This essay consists of three parts.Part 1 discusses the theoretical basis of personal information protection of Macao, beginning with the relationship between the right of privacy and personal information. Personal information protection involves the right of privacy but not all personal information belongs to privacy, besides, personal information protection originates from privacy but doesn’t end in it. The essay then analyzes the reason of rights for personal information protection of Macao. The Macao government has made the right of privacy the foundation of rights in the proposal of Personal Information Protection Act. Furthermore, contents about privacy right in Basic Law of the Macao Special Administrative Region and Civil Code of Macao are also the normative basis of legislation of personal information protection in Macao. The right of privacy is the basis of rights for the protection.Part 2 introduces the basic contents of personal information protection legislation of Macao and gives a detailed account of the present situation, principles, rights system of the parties involved, protective institutes and remedy mechanism of the legislation. Macao has built a personal information protection system based on Personal Information Protection Act and guided by the notion of approaching personal information with openness, transparency and respect to the will of parties involved. Macao has also established the five principles for personal information protection, namely, approaching personal information with transparency, respect to privacy, legitimacy, being well-meaning and moderate. Parties involved, with the provision of these principles, are endowed with the right to inquire, to consult, to modify, to object and to claim compensation for vilification. On institutional guarantee level, Macao has set up the Personal Information Protection Office which is responsible for supervising and coordinating the implementation of Personal Information Protection Act and establishing the related confidentiality system. This office mainly relies on education and takes penalty as subsidiary means to make sure the implementation of the Act.Part 3 discusses the insights that can be drawn from personal information protection legislation of Macao. Mainland China still hasn’t established the specific law to protect personal information. Since Macao has a strong connection with mainland China, it is of great significance for Mainland to take example by Macao on the legislation of the protective law. |
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