Legislative Research On Japanese Personal Information Protection Law

The value of personal information in such areas as technology and businessbecome more prominent, they draw more attention to whether there exists rational useof personal information about themselves in public and private spheres. On the otherhand, personal information is being illegal use in many cases in China, so the conflictsshould be resolved. The Chinese personal information protection law (expertsrecommend draft) has already been discussed. However，because the legal institutionand condition about personal information protection are not mature enough, ChinesePersonal Information Protection Law has not enacted yet. Therefore the Japanese"Personal Information Protection Law" and other relevant legislation has beenpromulgated and implemented more than a decade, I could analyze and research themfrom the legislative point of view by the methods of text translation, logical induction,comparative studies, etc. And what’s more, the latest Japanese dynamics of personalinformation protection legislation can also be combined in order to rich material. Bycontacting our legislative practice and making recommendations for the development ofour personal information protection law can be beneficial to our personal informationprotection legislation. this article is divided into six parts besides preface andconclusion.The first part is to introduce the legislation process and background of Japanese"Personal Information Protection Law". The second part is to analyze Japanese"Personal Information Protection Law" and relevant laws from the legislative point ofview, mainly from the aspects of legislative model and legislative principles, The thirdpart is researching on the concept in its legislation in the field of constitutional andadministrative law uphold through textual analysis. The fourth part shows that the scopeof Japanese Personal Information Protection Law. The fifth part is to discuss the legalliability, from the three perspective of criminal, civil and administrative liability. Thesixth part is based on the author’s contends study on Japanese "Personal InformationProtection Law" and relevant laws and China "Personal Information Protection Law"(experts recommend draft), to analyze that China has shown the legislative progressafter learning from other countries’ experience, the author dose believe that the proposed shortages existed which need to be modified and put forward legislative suggestionsaround the areas of personal information protection under the new IT environment,supervision and management agencies, etc.