The Protection Of Administrative Law For Personal Information

Personal information as a very significant resourse gets a lot of attention from people in this information society.It is very important to help the public departments of the govement collect, manage,utilize,protect the rights of principal part of peoples’ personal information narmative and transfor smooth. So The Protection of Administrative Law for Personal Information becomes a legal problem these days.People enjoy the convenience of the informatization at the same time they receive some risks from collecting information improper or other people’s spiteful use. Personsal information belongs to individual,but it is contored by the public department through the processing of collecting and managing and it is easier to be juggled.It disturb people’s properties even life. So Based on the nesssity and instancy of the protection for personal information, this article exanmine the matter from Administrative Law, focus on how to deal with the relationship between use and protect personal information.What are the rights and responsibilities between Administration departments and people.How to improve the goverment information publicity system and how to improve our personal information protection system to do further study.The article start from how to improve the administrative law for personal information protection, use of jurisprudence, administrative law and administrative litigation law and other related basic theory knowledge, use the comparison research, literature research methods, based on China’s administrative law for personal information protection, combined with the system of government information publicity in China,construct accords with our country national in a condition of the personal information protection law. Specifically, this thesis discusses the content of four respects.First of all, elaborated the concept and the characteristic of personal information, compare and explain the relationship of personal information and the concept. The personal information on defining the concept of theory circle at present, basically have the following different representations:one is individual privacy, the second is the recognition the third is associated theory. The author went through the various theories of identity recognition.Personal information of three traits:personal information recognition, widespread and value analysis. The personal information often confuses the concept of comparison, with distinction. Then the law of personal information protection expounds the theoretical basis and analysis, the author analyzes the legal basis of the law of personal information protection. Make clear the connotation and character of personal information, to demonstrate the administrative protection of personal information is very nessery problem in our country. To establish the personal information protection law is mainly embodied in the personal information can strengthen the rights protection, regulation and government information open system and the relationship between, advance our country information protection legal system building, promote international trade finally.Second, this paper discussed in detail on foreign administrative law for personal information law system, focuses on the analysis of the United States, Germany and Japan’s personal information administrative law cases. Expatiate on The United States, Germany, and Japan’s administrative law for personal information protection legislation and administrative law for personal information protection of the main content. To clearly understand the relevant foreign administrative law for personal information protection basic situation, the benefit is not only to develop the relevant law of our country, but also in the perfection of personal information legislation enlightenment. So the author through foreign administrative law for personal information protection, and to summarize the perfection of Chinese administrative law for personal information protection enlightenment.Third, analysis the problems of Chinese administrative law in protection of personal information on the reality of the situation. On Chinese administrative law for personal information protection are analyzed and the reasons for this situation. the reseson why China’s administrative law for personal information protection is exsit is because:first, personal information subject protection consciousness is weak. Secondly, the lack of personal information protection legislation, legal protection still lags behind, the protection of administrative law basic gaps in the civil law, only has a small amount of administrative law for personal information protection law. third, the public sector to collect personal information is not standard, mainly reflected in the collection is not standard and collect the goal not clearly.Fourth,in this paper, the most important thing over all is the problem of how to perfect our administrative law for personal information. According to the scholars of our country ’s experience from foreign countries and their own points of view, the author also through the open to the foreign successful judicial experience and their laws and regulations, combined with Chinese current situation and the development of administrative legal system of comprehensive consideration, first of all, in order to perfect the administrative protection of personal information, personal information will be the administrative law protection of the specific principles are clear, including the purpose specification principle, the open principle, proportion principle and safety protection principle. Secondly, the establishment the mode of Chinese administrative law for personal information protection legislation. International administrative law has three kinds of main legislative mode for personal information protection:comprehensive legislative mode, special legislation and industry self-discipline mode. The author thinks that from Chinese unique political and economic policy set out, our country should adopt unified legislation mode, and on the basis of introducing the model of self-discipline, mutual confluence points. In the formulation of unified individual information administration based on conservation laws, in case that the self-regulation of the effectiveness, to encourage other industries and departments of the administrative protection of personal information.Finally, also is the focus of this paper, is the perfection of personal information protection law system. One is to improve the information disclosure system.The second is the establishment of administrative license system, the specific steps to apply, by the specialized information management department to accept, has specialized information management review, finally make the administrative permission. Third is the establishment of perfect personal information processing system of punishment and awards system. Forth is the establishment of a sound and effective legal remedies and measures of supervision. Through put forward to perfect administrative law for personal information protection recommendations, the establishment of the administrative legal system of the protection of personal information.In conclusion, this paper focus on personal information protection of administrative law to this problem, according to certain logical order, arrive from the dot face, appropriate levels of detail, for theoretical research to provide material, hoping to help out the development of administrative law, and at the same time to the personal information legislation.