Legislative Regulation On Personal Information Secuirty In The Network Environment

Since the1960s, the rapid development of compute and internet technologymakes the personal information about cyberspace an unprecedented severe test, whilebring convenience to people’s life. Personal information under the networkenvironment of the illegal collection、transmission、utilization and trade frequentlyhappens, this situation not only infringes the personality rights of individual citizens,and has seriously hindered the further development of electronic commerce andnetwork economy. Therefore, strengthen the legislative protection of personalinformation under the network environment has become the hot spot in the academiaand judicial circle around the world. United States and Germany represent two lawsystems which has taken different patterns to protect personal information under thenetwork environment, the former takes a dispersive lawmaking mode in the publicdomain and promotes self-discipline mode on the private sector; The latter adoptsunified legislation mode, protecting institutions both public and private. Under thenetwork environment, the transmission of personal information broke through thephysical distance, spread and communicate more quickly; Combined with thenetwork’s unique characteristics, such as global, openness, anonymity, complexity,and technical, which lead more tort and crime, and a case often involves manycountries and regions as the same time. So, protecting the security of personalinformation under the network environment is not just a single country or region＇sresponsibility, and strengthening international cooperation of personal informationsecurity protection has become a inevitable trend, many international organizationshave made their own efforts,such as EU、OECD、UN, which developed a series ofinternational norms to protect the security of personal information from differentangles, and to safeguard free circulation of personal information around the world. Inthe face of problems about personal information security under the networkenvironment, our country made many relevant procedural safeguards in the civil law,criminal law, administrative law and other fields, but these legal rules are scattered,lack of systemic and operability. As a result, the personal information protection has become major legislative challenge in our country, the formulation andimplementation of personal information protection act is imminent.