To Protect Personal Information Of Administrative Law Studies In Our Country

Throughout most of the current situation of the personal information protection inChina, illegal collection, widespread use of personal information behavior, from theadministrative organ and its functions of the public sale of personal information, tothe enterprise improper collection, resell, leak, subject to the personal informationrights consciousness, lack of rights protection channel, all show the urgency ofpersonal information protection in China.Based on the particularity of government tort subject, personal information rightsprotection requirements, a comprehensive and responsible government theory inpersonal information rights are in urgent need of administrative law protection, at thesame time, the administrative law for the protection of personal information rightsalso has a natural advantage.This paper analyzes the typical cases of cases of infringement of personalinformation, in case the article discusses the main content of the derivation and acreative definition of the concept of personal information, on the basis of clear themain content of the administrative law protection of personal information, based onpersonal information protection in China’s existing legal framework, based on thetheory of government responsibility and the risk control theory such as the theoreticalbasis, puts forward the necessity of administrative law of personal informationprotection in China, and will be the main body is divided into two categories, studiesthe administrative organs and public functions of the functional departments, thepublic as the main body, information processing in the process of how to collect anduse personal information, its’ rights in the process of the use of information andpersonal information subject of rights. At the same time, the present situation andreason of incomplete personal information protection in our country, points out thatour country administrative law protection of personal information lag as well as thenecessity of protection, make Suggestions on the solution of the later proposed a moretargeted. In addition, the United States, Germany, Japan and other developed countriesthe advanced experience of the personal information protection system of administrative law is worth learning and reference, on the basis of the analysis of theirrespective advantages, and study the important enlightenment function to our countryrelated system, and proposed measures to local conditions, that is, from specificpersonal information protection law legislation mode, establish the principles ofpersonal information protection, administrative law and regulations, andadministrative remedy level to build and perfect the system of administrative law ofpersonal information protection in our country. To promote further implemented in thesystem of our country’s administrative law protection of personal information,specification information circulation, protect our citizens of information security,maintaining the order of international trade.