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The Legal Protection Of Personal Information

Posted on:2012-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:W L ZhuFull Text:PDF
GTID:2216330362457601Subject:Law
Abstract/Summary:PDF Full Text Request
In the age of the information, lifestyle of people have many momentous changes. Some issues of personal information which always have been neglected for unenlightened information, now, have more and more frequently come into people's horizon for technology's spreading. Because legislation of personal information and theory have a gap, there have not a way to provide succor to people whose personal information have been devious used. This is an arduous problem for our country's legislation. In view of this, the paper's liability is for discussing the personal information's related issues, using the hermeneutic method of law, empirical research methods, comparative analysis, combining the content of civil law theory to analyze the issue comprehensively and deeply, and making a number of ideas to legislate "Act on Personal information", providing a theoretical basis for China's future legislation on personal information.The article is divided into three parts:In the first part, to clarify the basic issues related to the concept and legal nature features of personal information. To analyze nature and substance of the right of personal information. Liability of personal information is a kind of tort liability, and through some cases to analyze tort mode of personal information, this part is the focus of this article. Prerequisite for protection of right is pinpoint the right's nature and connotation. To tort liability of personal information, it is indistinct for personal information's notion. These requirement can not provide full protection to tort of personal information. So ,right of personal information must be a specific right of personality. The second part introduce some important international legislation mode, especially analyze defect of legislation about protection of personal information in our country. These is the aim of this article. In last part, put forward some ideas to perfect protection of personal information in the choose of legislation mode and content of act. Include make common act on personal information, some special act on special fields, and accelerate institution's information regulation, succor for personal information is tort liability, restrict some rational use of personal information in some special field.
Keywords/Search Tags:personal information, the right of personal information, legislative pattern, legal remedy
PDF Full Text Request
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