Study On The Legislation Of Chinese Personal Information Protection

In recent years,criminals of citizens fraud is rising.The event of civil cheated weremade public repeatedly.Presumably，everyone was familiar received a strange call, astrange text messages, strange e-mail have become accustomed，terribly,the Scamartists always very familiar with your personal information, so many people aredeceived.This is mainly based on Chinese personal information protection laws are stillinadequate, so that criminals can take advantage of the drill legal loopholes.Thisdissertation researches the reality of Chinese personal information protection,andprovides some superficial view, looking forward to Chinese personal informationprotection can be more perfect.This dissertation uses concept f analysis, comparative analysis and other methods,research the concept, the scope and the Legal attributes of personalinformation.Researches the successful experience of foreign Personal InformationProtection and analyses the existing problems of Chinese personal informationprotection, the meaning of the legislation, and provides legislative suggestion forChinese future personal information protection legislation.The first part analyses the concept, the features of personal information, andresearch the four important legal attributes about “the theory of Ownership object”，“theTheory of privacy object”，“theory of the right of personality object”and“the theory ofbasic human rights object”， and explains the significance of Chinese personalinformation protection legislation.The second part introduces the legislative practices of foreign personal informationprotection, divided into two parts of the countries and international organizations: partof the country selects the United States, Germany and Japan, these typical countrieshave developed their own personal information protection laws; International partselects the Organization for Economic Cooperation and Development (OECD) and theEuropean Union. The“Guidelines on the Protection of Privacy and Transborder Flowsof personal Data”of Organization for Economic Cooperation and Development (OECD)has a great influence in the international community, its principles has become commoninternational standards, other countries in the subsequence establishes the PersonalInformation Protection Law always reference "Guidelines on the Protection of Privacyand Transborder Flows of personal Data”. European Union as the largest National League in the international community has an important influence on the PersonalInformation Protection Law,Its Personal Information Protection Directive on the Protection ofindividuals with regard to the processing of personal data and on the free free movementof such date. It is not only makes effective on the EU as a whole, but also providesuseful reference to the outside of the European Union countries to develop the theirPersonal Information Protection Act.The third part introduces the status quo of Chinese protection of personalinformation, analyses the problems in the protection of personal information, that is,what problems the future legislation of the Personal Information Protection should focuson solving.The fourth part is important chapter of this dissertation. It provides suggestionsfrom the two aspects of the theory of legislation and specific measures of personalinformation protection legislation. In the aspect of legislative theory, it suggests to use themode of uniform legislation, and enumerate the basic principles of Chinese futurePersonal Information Protection Act detailedly.