Legal Issues Of The Protection Of Personal Information

In Information Society， the ways and means to access to information have becomemore convenient and more efficient. Through computers and the Internet，personalinformation can be collected，used and disposed more widely. On the one hand，itcontributes to promote the circulation and sharing of information and to create theconditions for large-scale commercial use. On the other hand，it also had a negative impactfor the owners of information——the illegal use of personal information becomes moreprevalent. Not only is it a violation of individual rights for the citizens，but also a seriousthreat to social harmony and stability. Protection of personal information has become a hotissue for relevant international organizations and Legislation Institutions of many countries.Many countries have achieved a better balance of personal information protection and itsrational utilization according to their own national conditions. Faced with unbridledpersonal information infringement，Legislation of our nation has done a lot of work.However，as the provisions are too scattered，the situation of personal informationprotection in our nation is still relatively severe the lack of systematic and certainoperability. Therefore，analysis of the problem and the value of conflict behind the legalprotection of personal information and the development of an effective legal system toprotect the personal information are particularly important.This paper consists of five parts.The first part introduces the background and significance， research status， researchmethods of the thesis.The second part includes the basic theory of personal information， the definition ofthe basic concepts and law attributes of personal information and the comparative analysisof the differences between personal information and privacy， and points out the necessityand urgency of protection of personal information.The third part describes two legislative modes of personal information：harmonizationof legislation and industrial self-protection in the United States and Germany， andanalyzes the legislative value orientation differences behind them. With analysis of the twoin the perspective of comparative， this paper finds an appropriate mode of legislation forour nation to protect personal information.The fourth part describes the current situation of China’s current stage of legalprotection of personal information and points out its problems. Meanwhile，based on the problems，this paper points out the legal concepts and the value of legislation are missedand misplaced in the legal protection of personal information in our nation and tries to findthe reasons.The fifth part proposed countermeasures of the protection of personal information forChina’s legal system and made recommendations for legal protection of personalinformation from two levels——the national legislation and social subjects. It also notesthat a value balancing mechanism of our legal system to protect your personal informationshould be built， and， on this basis， the introduction of "Personal Information ProtectionLaw" as soon as possible. While paying attention to the subject of personal information toenhance self-protection awareness，we should also improve industrial self-regulatorymechanism for the non-public sector.