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On The Improvement Of Legal Protection Of Personal Information In China

Posted on:2015-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:R YangFull Text:PDF
GTID:2296330431989152Subject:Learns
Abstract/Summary:PDF Full Text Request
Personal information refers to the information with the feature of identifiable which is associated with specific individuals and can reflect the characteristics of the message body. It is not limited to name, gender, work, family, address, health information, etc. The most basic feature is "identifiable." That can be positioned to a natural body objectively determined directly or indirectly by such information.With the continuous development of society and the widespread use of information technology, people are enjoying a variety of convenience of the information society brings us, but with the growing number of information security incidents occurred, people have growing fears on the abuse of personal information. Many countries have gradually introduced laws to deal with such a negative impact in recent years; the international community is enhancing the protection of personal information. According to statistics, there are more than50countries and regions that have developed a dedicated personal information protection law.Due to various factors of social concepts, technology development and legislative planning, our country is long-standing lack of protection of personal information, which should be concerned about for the misuse of personal information have already disrupted personal life and social order in our country. Our country has not yet to enact specific law for protecting personal information, legal protection of personal information left behind. At present, our research on personal information protection issues is still stay in infancy. Whether it is the theoretical basis of respect, or specific legislative ideas are still stuck in analyzing the protection of personal information in foreign countries, the depth and detailed discussion is in lack of.In view of this, this article will attempt mainly from the perspective of civil law protection for personal information protection research, aiming at promoting the establishment of legal protection system of personal information our country.The main research methods used in this paper are the empirical comparative analysis and the logical deductive reasoning. Except for the introduction section, the paper contains four chapters.In the introduction section, the introduction from the current description of the background of the information society leads to the topic of this paper, and then came to the explanation of the purpose of writing to address the main issues needed to be solved.The body part is divided into three chapters:the first one will specifically explain the legal conception of personal information. Through distinguishing the personal information from personal data and personal privacy, the legal concept of personal information comes into explicitly. And then the basic characteristics of personal information will be summed up from the legal concept explained above; the second part will describe the present status of legal protection and personal information protection system in our country. This part introduces firstly an overview of the legal protection and the recent evaluation, and then leads to a detailed analysis on the "Personal Information Protection Guidelines" issued in2013, finally summarized the shortcomings of the current legal protection as well as problems needed to be solved. The third chapter is the focus and innovative part of the paper. This chapter describes the recommendations made by the author on a specific legal system of personal information protection based on the above parts discussed.
Keywords/Search Tags:personal information, right protection, legal system, tortuous liability, relief approach
PDF Full Text Request
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