Study Of Personal Information To Protect Basic Legal Issues

The birth and the development of Internet brings human society into the Information Age. Network is making changes on human life every day, meanwhile causing new problems as well. The current situation of disclosure of personal information is very serious, making large numbers of troubles on people's lives and threatening individuals' security. Protection on personal information not only protects the individual's personality rights and property rights, but also has a positive effect on the society. It can promote the development of e-government and e-commerce, encourage the prosperity of information industry, accelerating the development of international trades and the progress of the information economy. Therefore, the security of personal information is in a considerably urgent and practical need.Legal protection for personal information is an emerging research field, which leads to inevitable divergences in the following main aspects:the definition of personal information, legal attribution of rights, legislative mode selection, tort liability and many other aspects. This paper focuses on the two most basic and important issues on the legislation on personal information protection—the legal attribution of personal information and information protection comparing with information flow. Combining the legislative experience of other countries and regions in the world, this paper conducted a research of the legal and practical significance and made some suggestions and proposals relevant to the subject with regard to the "Act on Personal Information Protection (Expert Proposal)".This paper is divided into four chapters. ChapterⅠsummarized the status of the domestic infringement on personal information and its damages, classifying protection modes of domestic and abroad China and put forward that the main task of the legislation to protect personal information of our country is to solve the problem of attribution of personal information in the context of our country, and to answer the question of how to deal with the relationship between information protection and information flow.ChapterⅡdiscussed the legal attribution of personal information in the context of our country, analyzing the relationship between personal information and privacy at the beginning. After combing the different definitions on privacy and personal information worldwide, this article pointed out that it is appropriate for China to adopt narrow concepts of privacy and personal information, which will help target accurately and effectively on the legal protection for the two rights that are slightly different. Secondly, a view of determining the rights infringed according to the different violating acts was created in this paper, and the true rights violated behind the infringement of personal information were revealed by analyzing the five types of unlawful use.ChapterⅢestablished the principle of valuing both information protection and information flow. Describing the role of Information Economy and the status of personal information in it, researching on the legislative experiences on the personal information of the other countries, international organizations and regions, this paper pointed out that the information protection and information flow are of mutually reinforcing relationship. Besides, transborder flow of personal information was specifically argued, as well as the impact of "Adequacy" standard of European Union on other countries around the world.Based on the preceding analysis and conclusions, ChapterⅣput forward some proposals on the legislation on the protection of personal information in China, relating to the relevant content of "Act on Personal Information Protection (Expert Proposal)". Regarding the attribution of rights, this paper strictly separated the privacy of narrow sense from personal information of narrow sense, suggesting making different laws and regulations. Meanwhile it proposed determining the different types of rights according to the types of infringement to provide more targeted legal protection. As to the information flow issue, this paper concluded that related legislation should be strengthened to develop clear and rigorous specifications, to encourage the promotion of legitimate and effective flow of information. We should actively coordinate domestic legislation and international norms, participate in the global competition of information and the establishment of coordination mechanisms and influence even guide the establishment of standards, for the purpose of winning the new economic competitiveness for our country.