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The Path Selection Of The Right Of Personal Information Protection

Posted on:2015-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:J HanFull Text:PDF
GTID:2296330467468116Subject:Civil and Commercial Law
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Since the seventies and eighties of the twentieth century, with the extensive development of theInternet and modern information technology, we have entered the information society. Strengthen theprotection of personal information has become a twenty-first century global village, an important issue.This, on the right path to protection of personal information is to build a good selection of personalinformation protection system of norms premise,Only established the right to choose the path ofpersonal information protection,Legislation such as the protection given to carry out relatedsystem design, the specific contents of personal information rights. And guide judicialpractice more effectively; thus, strengthen our efforts to protect personal information. In thearticle the author focused on the protection of personal information rights of combing the twopaths choice, that information self-determination theory of civil law countries in Europe andthe U.S. privacy theory. Finally, I made the theory of "personal information rights" whichdeveloped from the theory of the right personality, as the right path of our personalinformation protection.Article is divided into four main parts. The first part analyzes the privacy theory which isthe one right path of personal information protection; the second part explores theself-determination theory which is another right path of personal information protection; thethird part analyzes the similarities and differences of the two right paths to protect thepersonal information; the fourth part presents our right path of personal informationprotection, namely personal information rights.The first part analyzes the privacy theory which is the one right path of personalinformation protection. This section describes the generation and the modern development ofprivacy theory, and explains the significance of privacy theory as the right path of f personalinformation protection. Privacy theory guides the start of personal information protection, and,through the development of privacy theory in American law, it turned to be modern, trying toprotect the personal information more fully by the theory.The second part explores the self-determination theory which is another right path ofpersonal information protection. This part takes the development in German law for example,to explain the emergence and development of the theory of information self-determination.The theory of information self-determination is developed form the theory of generalpersonality. This theory gives us positive and proactive control rights to our self-information, and reflects the worth pursuing in the free development of the modern personality and dignity.The third part analyzes the similarities and differences of the two right paths to protectthe personal information. Both have in common is that they all emphasize self-control rightsabout personal information. The difference is that cultural background and legislativeconcepts etc of continental Asian countries and the United States.The fourth part describes the right path of our personal information protection; I made thetheory of "personal information rights" which developed from the theory of the rightpersonality, as the right path of our personal information protection. Our right path ofpersonal information protection has a dispute on the issue of the macro-attribution, which isthat personality or property rights. This point of view is its ownership rights in the areas ofpersonality.In addition, is the selection of specific rights concept "information self-determination" inEuropean civil law countries, or the “privacy” in the U.S. law, or Chinese scholar’s "personalinformation rights”? The author developed from both the right connotation and realisticperspective; consider using the "personal information rights” more in line with the Chinesecontext. Accordingly, I made the theory of "personal information rights" which developedfrom the theory of the right personality, as the right path of our personal informationprotection.
Keywords/Search Tags:right path, information society, privacy, informationself-determination, personal information rights
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