Study Of Personal Information Protection Legislation

At present, our country’s market economy has entered the track of rapiddevelopment, personal information collection and use of the expansion, thedevelopment trend of the network technology changes with each passing day today,the personal information contained in the economic value of personality interests ismore and more highlighted. Socialization of information, make our life has changedessentially, interaction between people more frequently, personal life increasingtransparency. Enjoying the advantages of information sharing and fast at the sametime, personal information is wanton spread through the network, the intrusionfollowed: anonymous text messages, harassing phone calls can receive at any time;Open a computer, Internet across various viruses and "fishing" web site; Refer to youremail, there will always be many spam or sell advertising and so on. In the face ofpersonal information infringement event frequent, the world gradually to begin toattach importance to the protection of personal information. The legislation onpersonal information protection in China started relatively late, the legislationrelatively weak links, how to construct in conformity with the current state of thesystem of personal information protection in China, the academia has not accepted. Sothe author attempts through this article to illustrate how to select suitable for personalinformation protection in China’s legal system.Besides preface and epilogue, this article has divided into four parts.The first part is the overview of personal information. The first is defining theconcept of personal information. Through the comparative analysis summarized type,enumeration type, identify the advantages and disadvantages of three kinds of conceptmodel, the author sums up the concept of personal information. Second, to comparethe concept of personal information and its similar, distinguish between the various concepts and personal information, clear connotation and scope of personalinformation, it can more fully aware of personal information. Again, introduces thecharacteristics of personal information, points out that the existence of the relationshipbetween different characteristics. Finally, the personal information in accordance withthe different classification standards, classification of personal information.The second part is the major foreign developed countries the introduction ofpersonal information protection legislation. The first is the introduction to thepersonal information protection legislation, mainly to the personal informationprotection adopts distributed law of autonomy between management and industrymanagement is analyzed. The second is introduction to the personal informationprotection legislation situation, mainly elucidates the eu in the personal informationprotection has originality, unified legislation. The third is to Germany, and Japan bothabout information protection work are analyzed. Based on the world’s major countriesin the aspect of personal information protection legislation, draw lessons from othercountries in the personal information protection legislation on advantage andexperience, to find relevant information protection system of our country.The third part is the present situation and problems of the personal informationprotection in China is introduced. First, with real case list field in our country severelyinfringe on personal information. The second part analyzes the problems of personalinformation protection legislation. Including the lack of national legislation; Laws,regulations, lack of operability; Relief mechanism is not perfect; Of laws andregulations of the costs of cleaning up higher four questions.The fourth part is to establish and improve the personal information protection legal systemwhich accords with the situation of China’s opinions and measures are put forward. First, the paperexpounds significance of formulate personal information protection law in our country, explain toformulate personal information protection law in our country has far-reaching influence. Second,it is pointed out that the choice of legislative mode of personal information protection in ourcountry, the author proposes the legislative mode of shall, in accordance with the "progressive" isdivided into two stages to select different legislative model, the early stage of the dispersivelawmaking mode adopted, later USES the unified legislative model, and then unified legislative model in the framework of "total-points" formulate personal information protection law. Third,set up a national organizations of personal information protection, the personal informationprotection work on macroscopic regulations and guidance. Fourth, to strengthen the constructionof self-discipline, and puts forward the industry self-discipline mode into the category of law, givefull play to the self-discipline in the role of the personal information protection. Fifth, acceleratethe construction of relief mechanism of personal information protection in China. Investigated inthe field of criminal, administrative, civil remedy mechanism perfect suggestion and direction.