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On The Protection Of Personal Information In Taiwan Region From The Angle Of Public Law

Posted on:2015-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z L LiuFull Text:PDF
GTID:2296330431997178Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the development of electronic information technology, and the growing popularity of theelectronic computer and network, information collection and storage have become more convenient.However, the phenomenon that several personal information leaked incident prompted the protection ofpersonal information is becoming more and more attractive in recent years, especially the power of thegovernment infringing citizens’ personal information has become the focus by people in nowadays. Manycountries and regions have passed legislation to protect personal information security in our,especially inTaiwan region, where has promulgated the Personal Data Protection Act in2010.Although the law hasmany defects, it also can be considered as a system of personal information protection law. Howeverthere are no relevant systemic legal documents on personal information protection in the Chinese mainlandregion. Thus, it is necessary to establish a system of high level of personal information protection law atpresent. Throughout the legislation of various countries and various regions all over the world, there aremany laws already quite mature and perfect, and this part has a positive reference significance for mainlandChina in the future of the long road of legislation of personal information protection. Such as the Taiwanregion in our country, according to the law of its long-term practice, its for personal information protectionhas formed a system of perfect and smooth well-knit cohesion, logical legal department. If according to thelaws of the United States, although there is no a complete corresponding laws to protect the privacy ofpersonal information, it can be seen in other legal departments, and mainly adopts the principle ofself-discipline, for citizens to the government information of the time, place, way, method, permissions,content, as well as to the personal information collection, protection, utilization, treatment and tort liabilityto the corresponding provisions, pitch all situation, very perfect, can become the reference for legislation ofChina mainland. However, it also has the corresponding shortcomings, such as the United States is givenpriority to with self-discipline, but as we know, the market has the spontaneity, blindness and hysteretic,need the government’s macroeconomic regulation and control, and rely mainly on industry self-disciplinetend to produce self-discipline the effect not good. In this aspect, therefore, when our country draw lessonsfrom others, we need to pay attention to avoiding the incompatible situation, leading to "orange Huainan isorange, Huaibei is definite" such an embarrassing situation. This article firstly defines personal information, and points out the connotation of personalinformation which has the identification function, and suggests the specific content of personal informationand the significance. The author studied the relevant courses related to the Personal Data Protection Actwhen he was in Providence University of Taiwan, so he made a certain understanding about the PersonalData Protection Act of our country Taiwan region. According to the personal information protection legalsystem in Taiwan history condition, and analyzes our country Taiwan region for personal data protectionobjects, the connotation and collection procedures. Secondly, the author, through the comparative analysisof three countries-the United States, Britain, Japan-on personal information protection legislation statuswith Taiwan region of our country’s relevant legislation, points out the advantages and disadvantages.Finally through the comparison and reference between our country Taiwan region of the Personal DataProtection Act and other countries of the world of personal information protection methods to put forwardsome ideas of the personal information protection law in China mainland.
Keywords/Search Tags:personal information, protection, personality right, right of privacy
PDF Full Text Request
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