Research On Legal Relief System Of Right Of Personal Information Stricken By Administration In China

In China’s current legal system is particularly weak on the protection of personalinformation, the inviolability of personal information, which is reflected for theprotection of the basic human rights, as well as on the protection of property rights,privacy information. At present, the subject of rights against the person, can bedivided into two categories, one is a private body, such as a large number of publicinstitutions to grasp the personal information of citizens, schools, banks, hospitals,etc., and the other is a public body, mainly each level administrative organs, theyperform an executive role mastered a lot of personal information of citizens. Forprivate body, I think, because citizens equal civil subject relationship with them, sothe relief mechanism is relatively complete, usually citizens can get relief. For publicbody, its violations are mostly caused due to the specific administrative act, thecitizen is more difficult to obtain relief. The difficulty is that: first, citizens in front ofthe administrative authority, usually very weak position; Second, the existinglegislation, there are many limitations to the executive authorities to seek relief for thepeople, making the citizens in the face of the executive authorities of their personalinformation violation of the rights, they seem very weak.HU Ya’s right to correct personal information by the police assault, causing herlegal rights are being infringed, difficult to obtain relief in this case the starting pointfor this article. And comparison with foreign law applicable channels for relief in thecase, analysis on the deficiencies of the existing channels for relief, drawing on theextraterritorial means of relief, make recommendations for the improvement of theadministrative infringement of the rights of personal information relief system.Discusses the process by HU Ya-case analysis, and to deepen the understanding ofthe underlying concepts and regulations. I hope the membership by this article toachieve three objectives, First, let citizens know that they have the right to correctpersonal information, including personal information rights, the right is protected bythe existing law; Second, when the rights of personal information administrative authorities violations, how to get relief; put forward some suggestions forimprovement of personal information rights of administrative tort relief system. Thetext is divided into three parts.The first part is about the legal protection of the right to correct personalinformation. First of all, the right to correct personal information is one of thecapabilities of personal information rights, is a concrete manifestation of the right ofpersonality. Secondly, that the police bear the obligation to correct the erroridentifiable information. Then, the police identified violations and the need to assumethe duties of executive compensation liability. The purpose of this part of the premisefor later HU Ya case applicable, provide an entry point for the exposition of personalinformation rights of administrative tort relief.The second part is to study the condition and problems of personal informationadministrative Tort. First, the reflection of the HU Ya-relief strategy. Secondly, aComparative Study of administrative tort relief legislation for the rights of personalinformation. Again, the comparison of administrative relief ways. Finally, bycomparing the study, analyze the shortcomings of China’s relief legislation and reliefways.The third part is the suggestions for improvement of the administrative tort reliefmechanism on the rights of personal information. First, the analysis of the need toimprove the infringement relief system, the need to improve as the core to thePersonal Information Protection Act, as a means to Legal Remedy for tort reliefsystem, supervision and management system running at the same time. Therefore,following the enactment of the Personal Information Protection Law ", improve theadministrative relief system, the establishment of supervision and managementsystem recommendations. Finally, through the design of two relief mode, showing theperfect relief system, the expected effect of the right to relief.