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The Research On The Civil Law Protection Of Personal Information

Posted on:2015-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:L H PanFull Text:PDF
GTID:2266330422469579Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
21st century has been called the information age and personal information is known as themost valuable resource.Development of computer technology makes personal informationwith a digital feature and this feature not only makes it possible to facilitate the managementof government departments to improve work efficiency, but also can make targeted businessorganizations for product promotion and sales to improve economic profit.However, peopleare enjoying enormous personal well-being but also suffering an unprecedented distress-People random collection, processing and transfer of personal information to others havetriggered a security crisis of personal information.In this regard, many of the world’s countriesand regions have developed a comprehensive legal and institutional protection of personalinformation, but China has been slow to introduce relevant law, which is not conducive to theprotection of personal information of citizens and China’s international trade.Civil law ismost closely linked with the lives of citizens,so it can protect personal information of citizensto the maximum extent.Therefore, the author studied the protection of personal informationfrom the perspective of civil law,hoping to help build and develop our personal informationprotection system.This paper is divided into four chapters.The first chapter is the definition of personalinformation.In this paper,the author introduced the definition,characteristics and classificationof personal information,allowing the reader to understand the basic concepts of personalinformation.Then the author introduced three theories about the nature of personalinformation: Property Object, Privacy Object, Personality rights Object.The author reviewedthese theories and demonstrated her point: Personal information is the object of personalityrights.The second chapter is the status and defects of Civil Protection of personal informationin our country.Paper used vivid cases to show a large number of violations of personalinformation in real life. Then described the current status of the personal informationprotection of civil legislation.The author discussed the current situation of civil protection ofpersonal information through these two aspects and highlighted the defects of current civil protection of personal information:no personal information rights,scattered personalinformation protection provisions, narrow scope of protection,no commercialization ofpersonal information, no tort liability.The third chapter is the comparison of foreign civilprotection of personal information.This paper introduced three representative countries in theprotection of personal information at present, namely Germany, Japan and the UnitedStates.The authors compared their protection mode, legislative ideas and causes and draw theinspiration for China’s civil protection of personal information.Firstly,citizens have personalinformation rights.Secondly,the country formulate personal information protectionlaws.Last,clear legislative concept which is both to protect the personal information and tofacilitate information exchange.The fourth chapter is to improve the system of civilprotection of personal information in our country.The author think that we should not onlyclear the contents of personal information rights in civil law,but also develop "PersonalInformation Protection Act" to specifically protect personal information.
Keywords/Search Tags:personal information, the right of Personal information, civil protection, protection law of personal information
PDF Full Text Request
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