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On The Protection Of Personal Information Private And Restricted

Posted on:2011-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2206360305959102Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the era of information, the role of personal information is significant, and their protection needs criminal activity, administrative, civil measures. This article studies the protection ofpersonal information from the perspective of private law. First of all, personal information identifies as real elements on the connotation and extension considers. It also can be fixedand handled, which are the formal elements of personal information. Compared to personal privacy and personal data, personal information is an appropriate title. About the legal attributes of personal information, this paper demonstrated the advisability of the object theory of personality rights, based on analyzing the rationality and limitations of the object theory of personality right, which is conducive to promote personal interests and property interests. Secondly, on the premise of introducing the protection of personal information of foreign typical patterns:a pragmatic model, personality rights model, selfishness model, the paper deeply explained the self-discipline publicity right and so on in a full range,which are the Characteristic system of foreign. And it will provide a reference to our personal Information protection law. Compared to the foreign protection system, our current private law on the protection of personal information has many shortcomings, which mainly include that the main personal information protection way is the indirect protection and the rule of personal information is general and the role of industry self-regulation is minimal and so on. As above said, the paper takes personality rights model as the guiding ideology, proposing balance principles of personal information protection law, detailing personal information and the content of the subject of legal relations, defining the responsibility of violations rules of personal information, and striving to build quite effective personal information protection to complement our existing legal system. Finally, there is no absolute right in the field of private law and any right is subject to the rights of others or public interests of the constraints. Therefore, this paper explored the field of private law restrictions on personal information protection from the need for restrictions to limit the specific circumstances in order to achieve effective information flow balance.
Keywords/Search Tags:personal information, legal property, protection, restriction
PDF Full Text Request
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