Civil Protection Of Personal Information In The Network Environment

As surfing of the Internet, electronic commerce, huge amounts of the data processing and other kinds of technology is developing rapidly, our life have becoming much more convenient than before. However, it also brought the hidden danger to personal information. In recent years, the problems of personal information leakage happen frequently, which is banging our sensitive nerve, making the sense of insecurity strongly.At present, more than60countries around the world have made the personal information protection legal system.Because of starting late, our country’s existing theory and practice experience about personal information for how to accurate positioning and the core problem has not yet form a unified point of view. There also exists a lot of problems on legal protection, including not centralized, not clear, the scope is limited, no specific punishment, poor operability of a series of problems. Therefore, we must study mature legislative rules both of our country and abroad carefully, studying their protection principles and legislative model, drawing lessons from foreign advanced experience, combining our country’s realistic national condition, Putting forward the targeted countermeasures and suggestions, and strive to the personal information protection of China.The paper is divided into four parts, except introduction and epilogue:the first part "present situation of personal information". The author thinks that in such cases of infringement subject generally including network platform, Banks, telecommunications, financial institutions, medical institutions, organs of public power and citizen oneself. The reasons of infringement including:the economic interests of the driver, the obtaining methods of network era information concealment, lower cost, imperfect legal environment, lack of industry in China is relatively effective industry self-discipline mechanism.The second part " the necessity to protect personal information analysis ". From the individual citizens, the influence of the whole society and even the entire national perspective to analyze the necessity of the personal information protection.The third part " Analysis personal information protection legislation of outside ". Anglo-American law system represented by the United Kingdom, the United States.Continental law system represented by Germany, France and Japan. Hong Kong and Taiwan of our country are also be introduced. The enlightenments in addition to some differences in the citizens’ information to targeted protection, other measures, such as setting up a supervision mechanism guarantees the executive force of law, also can be transplanted.The fourth part "architecture personal information legal protection system of our country". The defects and deficiencies in legislation of our country level, i.e., the lack of specific personal information protection law, relevant laws and regulations are fragmented and industry self-discipline lack effective execution, legal protection of personal information is given priority to with indirect, related legal system makes the personal information protection range is narrow, civil compensation mechanism has not yet been established due to relevant laws and regulations and poor operability.The fifth part’ the idea of China’s legal protection of personal information under the network environment ". First of all, speeding up the information on the protection of rhythm; Second, Improve self-discipline mechanism is essential, in the end, the public propaganda education and privacy the legal measures such as technical education is necessary for now.Possible innovation of this paper lies in:1. summarizing a more comprehensive, a pointcut is relatively unique, compared with the similar paper material selection is relatively new.2. Our country at present about information protection advice, though few, but more focused on technology and system, which requires the author in reference on the basis of the others to think of the problems of the legislative level, actively seeking the direction of the civil law protection.Deficiencies of this paper lies in that,as the theory foundation of basic skills and academic level is limited, not enough very clear understanding of certain issues or even biased, the demand analysis is not in-depth, recommendations may also have improper, incomplete deep or more, all of this to a certain extent, affected the theoretical depth and systematic study of the problem.