The Study On The Legal Protection Of Personal Information

Personal information as a new community resource, with a very high value. The use personal information to process, filter, and so on, can have huge commercial benefits for enterprise business development; for purposes of State organs, to enable the Government to better understand and grasp the public sentiment in favour of constructing service-type Government, the Government of Sun. Because of this, the personal information as a new resource, has been recognized by the community and continue to pursue business interests. But at the same time, also in the use and handling of personal information in the course of normal life to people posed major problems. Personal information is illegal collection, feel free to use often occurs as an information life the subject of undue violation or damage, this leads to voice the interests of the protection of personal information more and more attention from the community. Author by studying the United States model and the EU model on the basis of the personal information protection law, combined with the theoretical study on the State of personal information section in this paper related to personal information protection law in theory of knowledge was discussed and put forward their views, hoping to benefit the establishment of China’s law on protection of personal information. This article consists of four parts:Part one mainly discussed the summary of personal information. First of all, is a comparative analysis of several perspectives on the meaning of personal information defined, identify the views that are defined in this article, the views to the definition of personal information is losing it too narrow, not too wide to lose, in line with the value category of personal information. Followed by the feature a presentation of the personal information through access to relevant information and comparative United States model and the EU model of legal protection of personal information, I believe that the subject of personal information should be defined as personal, not including legal persons and other social organizations, personal information has a physical property, also has features such as property attribute. Finally, to discuss personal information, so that in practice, in order to better define what personal information the specific violations of the subject of the information.Part two For foreign typical patterns and ways of personal information protection is introduced. Introduces the impact on the global legislation of personal information is the organization for economic cooperation and development of the eight principles to establish to personal information protection and the international circulation of personal information legislation, focus on personal information protection legislation, to which all the difference between two different patterns, namely, the Anglo-American law system represented by America and the difference between the continental law system represented by Germany.The third part reveals the status of personal information protection in China. Analysis of China’s existing laws and administrative rules and regulations related to personal information protection and security, finally, from my personal analysis on the protection of personal information protection features and problems. Which leads to our personal information protection in the context of legislative proposals.Party IV based on the earlier discussion, on my personal information protection legislation perfect made has thinking, in contrast United States mode and EU mode of based Shang, author think my personal information protection law under of legislation mode Shang, should to unified legislation mainly, to industry self-discipline mechanism for added of integrated legislation mode, and made has related of legislation content, this is this of focus where.