Study On Legal Protection Of Personal Information In The Digital Era

In the background of digital era, personal information has become the most valuable commodity, which involves the individual privacy, reputation, property safety, etc. and goes hand in hand with all aspects of our daily life. While, with the development and process of information technology, the condition of personal information infringement was getting worse, and the legal protection of personal information was indeed becoming more necessary. Compared with before, the value of personal information was more obvious, but the facilitated collection, digitized storage, standardized processing, network-based transmission and multi-purpose application make it easier to infringe the personal information. Therefore, the theoretical research, legislative mode and protection ways of personal information security during the digital era has become a major society problem all around the world. This paper attempts to study the domestic personal information protection from the following aspects:the related concept and legal characteristics of personal information, the current situation of infringement and legal protection, the comparison of national legal protection mode. And then proposes relative suggestions.Introduction:The research background, history, and the current situation of domestic personal information protection were briefly stated, also the significance and research methods of personal information protection were interpreted in this part.Part I:The reason we adopt the legal name of "personal information" in this paper was clarified, based on the analysis of different legal names used over the major countries and organizations. In addition, the fundamental concepts, legal characteristics and classification of personal information were elaborated.Part II:The behavior characteristics of personal information infringement and related classification were studied. Then, based on the analyzing data about the present situation of the personal information protection in our country, the problems of lacking fundamental regulations, the narrow protection range, the incomplete Legislative system, and the imperfect remedy mechanism were described in details.Part III:Three different legislative models of personal information protection, including the uniform legislation mode, the professional autonomy mode, and the unification and division combining mode, respectively from European Union, the United States and Japan, were briefly introduced, compared and analyzed. Part IV:The conceiving of legal protection personal information in our country was proposed, which may draw on the experience of the unification and division combining mode used in Japan, a complete legal protection system should be established------legislating on special fields, while taking autonomy to other fields.