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The Civil Law Protection Of Personal Information

Posted on:2014-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2296330464950120Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
To the person’s own protection is the foundation of all legal design, under the impact of the information revolution rapidly to the information society. In this information-based society got unprecedented development and release of human productivity, people’s life also becomes more quick and convenient, but we in enjoy information technology brings huge benefits at the same time, we also paid a heavy price. Human beings the biggest cost is, in the face of a external environment has been seriously polluted and not for their own heart to find a quiet not disturb inner environment. Inner peace and calm, the goal of this seemingly simple and ordinary, in the noisy noisy for many people in the information society are can only dream of.The popularity of the Internet is the wave of the personal information protection to a new level, the importance of information in the information society is self-evident. Information processing as the basis of human society all areas interact, it involves a fundamental human organization operation and all of man’s life, at the same time in the process of information transmission created a lot of economic interests and social interests. And personal information is of a basic carrier of these interests. Started as early as fifty years ago some foreign countries to legal protection of personal information, but so far our country has not a true sense of the personal information protection law, the legal protection of personal information in our country can only say that in a nascent stage. This paper will carried out in the following thoughts..The first chapter, the legal basis for personal information protection-the evolution and development of personality right in civil law. Legal protection for personal information should first identify reasons for protection of personal information, as well as to the personal information protection required by the legal theory foundation. This chapter through the analysis of the importance of personal information as well as the evolution and development of personality right in civil law, explains the important role of personal information in the information society and the emergence of the concept of "general personality right" for personal information protection provides the foundation of legal theory.The second chapter, the legal attribute of personal information and the law legal position of personal information protection. Both of these problems is a basic problem of legal protection for personal information, its importance is self-evident. First of all; Clear the legal attribute of personal information, clarify the relationship with the personal information and personal information, determine the definition of personal information, and statement of the current academic circles some insight into the legal attribute of personal information, determine the legal attribute of personal information is the personality interest. Secondly; Personal information protection law may be defined as an independent department law, then combing the personal information protection law and the civil law and administrative law relation.The third chapter, the personal information protection specification of main international organizations and countries. One of the most important aspects of the legal protection of personal information is formulating a personal information protection act, because in the legislation of personal information protection in China or just started to say, so have to draw lessons from foreign personal information protection laws. In this chapter, the author will according to the order of time, through to the main international organizations and countries list of personal information protection, clear international personal information protection in the past experience and present situation of international personal information protection, hope can offer more for the legislation of personal information protection in China.The fourth chapter, the measures of legal protection of personal information practice in our country, the author thinks that the personal information protection law of our country under the condition of not issued, should find out some practical measures for the current personal information are protected. Therefore, the author first expounds the two countries of Germany and the United States the legal protection of personal information of practical measures, and analyzed their advantages and disadvantages, then proposed at present can be used to practice in the specific measures to protect personal information.
Keywords/Search Tags:Personal Information, The Protection Of Civil Law, Personal Information Protection Law, Legal Attribute, System Design
PDF Full Text Request
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