Analysis On The Legal Problems Of Personal Information Protection

In the information times, the personal information exchange have well development, it give us the convenience life, but at the same time, the illegal way of collection, revealing, and using personal information has exposed more and more frequently. The nature of the personal information has changed from the basis of the government to decision-making to market products which has the commercial value. In order to prevent the illegal use of information, making the complete legislation is one of the effective method. But in our existing legal system, in addition to the criminal law, the liability of the tort law, the procedural law and other ethnic law, there is lake of the uniform law to protect the personal information in our country. With the development of the network technology, the phenomenon of illegal use of personal information has became more and more serious, the lack of the legal restraint have become the obstacle of the society development and life’s peaceful. This article will based on the analysis of the basic theory of the personal information, through the research of the protection on the personal information in USA and Germany, to discuss the value of the information legislation, combined with the practice and the relevant foreign legislative experience, put forward the suggestion on the protection of personal information in our country.The paper is divided into four chapters:At the first, I will introduce and analysis the basis theory of the personal information, to find the definition of the personal information and the difference between the personal information and the personal privacy, the difference between the personal information and the personal date, pointed out the feasible to use type definition in our country, at the same time, from the justice, the freedom, the order and the efficiency to discuss the value of the protection of personal information. The second, to introduce the legislation on the personal information protection in USA and Germany, analysis the revelation and reference to our country. The third chapter I will find the problem of personal information protection in our country, based on the comparison of the conflict ideas between the right protection and freedom of circulation, summarizes the current legislation. Finally, I will make suggestion on the legislation, discussed the general principles in the legislation, the subject system of the legislation, the right of personal information system, and the relief system about information infringement act in our country.