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The Studies Of Legal Protection Of Personal Information Rights

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:L J SuiFull Text:PDF
GTID:2256330401981102Subject:Law
Abstract/Summary:PDF Full Text Request
At present, China is drafting laws on the protection of personal information, however,determining the legal property of the individual’s rights to information, which is a prerequisiteto explore the personal information protection legislation mode, this paper mainly usemethods of comparative and analysis to list existing mainstream views of property of theindividual information rights: ownership, privacy, general personality rights, intellectualproperty, and these four views make a judgment. Through analysis we can find these fourperspectives are inadequate, they cannot interpret the legal property of the individualinformation rights properly and completely.With the development of commodity economy, the commercial value of the personalinformation is bearing more and more prominent, since it has the value of the property;however, the individual information right is still based on personality rights.The author triesto start with theory of personal information, makes a systemic analysis on the topic. Thus, wecan extract that the individual information rights, in essence, is an independent personalityright containing a property right.Determining the legal property of the individual informationright, we start from the history and current situation of China’s legal system, by analyzing thelegislative model of the United States, Germany, Japan and other countries, and discuss thedue legislative mode of the protection on personal information in China and the problems weshould note in the legislative process. In summary, the theory of the passage is good for fullyprotecting the personal information rights and offering us better reference.
Keywords/Search Tags:personal information, personal information rights, legal quality, legal protection, tort
PDF Full Text Request
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