On The Legislative Perfection Of China 's Personal Information Protection System

China’s protection of personal information is still at its early stage. Although China has enacted lots of laws related to the protection of personal information, the current protection system for personal information is immature and the legislation is not sound. The key issues include: the enaction of Personal Information Protection Law goes slowly; the current legislations are not systematic and its applicable scope is limited; the current legislation focuses on criminal and administrative punishments but neglects the pursuing of civil liabilities; there is no regulation about the cross-board transfer of personal information; the punishment on junk commercial information is unclear; and the governmental authorizes are not well regulated. With respect to these issues, we should improve the legislation from the following eight perspectives: enact the Personal Information Protection Law as soon as possible; formulate national standards on the technologies for personal information protection; encourage the formulation of industrial self-discipline rules as supplement to personal information protection laws; improve the imputation system of civil liability towards personal information infringement; issue regulations regarding the cross-board transfer of personal information; strengthen the supervision on telecom operators; aggravate the punishment on randomly sending commercial information; regulate the governmental authority’s collection and use of personal information; and establish the consultation commission for personal information protection.