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Civil Protection Of Personal Information Under The Network Environment

Posted on:2015-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y T WangFull Text:PDF
GTID:2296330467979307Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the same time, the rapid development of the Internet, the world has entered the era of big data, making the modern people’s lifestyles have changed dramatically. In the Internet era, just have a computer or a cell phone, staying at home will be able to obtain information, to receive goods and services to people living provides a great convenience. However, in accepting personal convenience, but their personal information being illegally in the era of big data collection, abuse, misuse and dissemination of personal information security and other acts facing unprecedented challenges. Currently, from a global perspective, there are already more than50countries launched the personal information protection legislation, such as the protection of personal information to develop basic laws and regulations, minimum standards for the protection of personal information, to the extent possible to protect personal information in e-commerce, e-government active safety. In particular, the EU and its Member States on the protection of personal information is extremely strict, established minimum standards to protect the personal information, the provisions of all cross-border export to a third country of personal information must comply with the principles of a trade, that is, to the adequacy of protection through the EU standard, or can not use personal information output. And China has not yet developed a unified legal protection of personal information, the protection of personal information currently scattered in various departments only law, regulation, ordinance, there is no system of legal system, is not conducive to the exhaustive protection of personal information, and will hinder the conduct foreign trade transactions between the EU and its member states.And China has not yet developed a unified legal protection of personal information, the protection of personal information currently scattered in various departments only law, rules and regulations, and no system of legal system, is not conducive to the comprehensive protection of personal information, and will hinder the EU and other countries for foreign trade transactions. Therefore, at this stage, to improve our network environment under the Personal Information Protection System for the promotion of economic development and international standards with influential theoretical and practical significance.On the other hand, in today’s network environment, users’ personal information against the interests of the events occur repeatedly, from the "human flesh search" phenomenon occurs, the proliferation of e-commerce leak, spam personal information to another party in20133.15Exposure Net Ease and other Internet companies to analyze the content of e-mail users, but it still is the introduction of a dedicated personal Information Protection Act to protect the interests of the message body, regulate the behavior of information users. Although the relevant departments have noticed a gap in this part of the legislation also established the Personal Information Protection Law expert group prepared a draft law to protect personal information, but there are still a lot of behind the lack of law and institutions.For this paper, by analyzing the current situation of China’s protection of personal information and the lack of grooming patterns and legislative status of foreign legislative protection of personal information, the use of comparative analysis, methods of empirical analysis, drawing on the experiences of extraterritorial protection of personal information based on China’s national conditions on the basis of, tried to put forward legislative proposals to personal information rights-based personal information protection law, in order to fill the legal protection of personal information is missing, so that the protection of personal information in the information age comprehensive and feasible.
Keywords/Search Tags:Personal Information, Personal Information Right, Legal Protection
PDF Full Text Request
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