On A Personal Information Protection Regime Boundaries Of The Bank Of China

Personal information has a direct relationship with human dignity. In the Information Society, it is increasingly important to protect personal information. At present, the research about personal information protection is still in its infancy, especially on the question how the administrative agencies process the personal information under the rule of law. Considering that the administrative power is very aggressive and its discretion may be misused, the individuals usually suffer some damages from the illegal information collecting or processing by the administrative agencies. For the purpose of protecting personal information, this paper studies which legal limits need comply with by the administrative authorities in collecting or handling personal information.This article is divided into five parts. The first part introduces the constitutional basis for the right of personal information. First, the concept of personal information is analyzed, and then the right of personal information is interpreted under Chinese Constitution. The second part focuses on the legal system and its practice about personal information protection by the administrative authorities. Basing on the principle of legal restraint, the third part refers to the legal limits on the information processing by the administrative authorities, especially how to implement the principle in practice. The fourth part aims at how the principle of proportionality can be applied for information processing by the administrative authorities. According to the above research, the fifth part brings forward some suggestions on the personal information protection in the Chinese public sector, such as what kind rules must be complied about information collecting, processing and transferring, and which legal limits should be deployed on the administrative powers.