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Personal Information Privacy Protection Of The Law

Posted on:2012-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J X LiFull Text:PDF
GTID:2216330338464021Subject:Law
Abstract/Summary:PDF Full Text Request
Information era, not only for social development and human life has brought enormous prosperity and great convenience, but also for human lifestyles and values caused a great impact. With the deepening of the research, the traditional privacy theory connotation and denotation constantly enrich and expand, privacy research which is a new hot issues-personal information, privacy get into the general theory scholars and the general public view. Information dissemination of the new technologies and new tools poses challenges to how to protect personal information privacy, in the face of increasingly serious threat, the infringement of personal information privacy protection more urgent up.This paper is going to use research methods such as comparative analysis and the theory with practice, based on the personal information privacy protection about the legislative and judicial practice in China, reference to analyze the current situation of foreign mature distributed self-discipline protection mode and unified comprehensive legislation protect mode, so this paper puts forward some personal information privacy protection to the proposal, and hope it can help the systematic privacy protection. This article except the introduction, epilogue outside, is divided into four parts altogether.The first part, mainly, is the general theory analysis of personal information privacy, and in the first quarter of this part of the first summarizes the meaning of traditional privacy in information society, and points out that under the background, the traditional privacy theory is constantly enrich and expand, personal information privacy research become the latest theoretical research hotspots, the second quarter mainly introduces the personal information privacy tort liability problem, analyzes the personal information privacy tort liability fixation principle, constitutions, and comparatively detailed discusses several situations and defenses invasions of personal liability information privacy.The second part, mainly around our country's protection legislation of personal information privacy present situation, including international relevant legal documents our country has joined and domestic legislation introduced respectively. Relevant domestic legislations in the first quarter mainly include the constitution, the criminal law, administrative law, civil law, the tort liability law, procedure law and other related legislations, especially the "tort liability law" first put forward the legal concept of privacy and ascribed the status of an independent civil rights and privacy. The second section of the relevant legal documents in the international treaty mainly introduced "the declaration of human rights", "the civil rights and political rights convention ", "The convention on the rights of children".The third part, through analyzing to the American distributed self-discipline mode, the EU comprehensive legislation protect mode and Japan compromise mode, studies the characteristics of three kinds of protection mode and the shortages, and points out that the three models are established on the choice of this area or national legal traditions, values and social practice basis, so they have different rights foundation. And then provides reference basic of the choice to our personal information privacy protection mode and right in the fourth chapter.The fourth part is the key of the full text. The first quarter mainly discusses some basic questions about the necessity of legislation to protect the privacy of personal information in China and the basic rights. In the second quarter, the author puts forward the specific characteristic legal protection system to the personal information privacy protection in our country, and the specific institutional plan from constructing characteristic legal protection system, the government leading self-discipline, personal information privacy and technical measures of self-protection four aspects are discussed in detail. Hope for China's personal information privacy comprehensive and system protection contribute little of their own power.
Keywords/Search Tags:privacy, personal information privacy rights, legal protection
PDF Full Text Request
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