The Using And Protection Of Personal Information By The Government

The government collecting, dealing with and using personal information, one hand, the efficiency of governments is greatly elevated and the administrative costs is saved, on the other hand, personal information is facing the risk that the government collecting, dealing with and use of personal information by llegally and unjustly methods. How to balance the protection and use of the personal information has become a new research topic in the fields of law. In our country, the research on personal information protection never stop. But the research on protection and use of the personal information or how to balance the protection and use of the personal information by the law of both sides is not so much. This dissertation mainly discusses the definition of personal information, the right foundation of personal information, the protection and use of the personal information by the governments, the confliction and balancement of protection and use of the personal information by the governments.This dissertation is consisted of five chapters. The first chapter is about the personal information, which mainly discusses the definition and category of personal information,the right foundation of personal information. The dissertation think personal information is a personality right. Personal information should protect by private and law.The second chapter discusses the legal basis about the protection and the use of personal information. It concludes that personal information protection is closely related to the use of personal information.The reason about the conflict between the personal information protection and the use of personal information is that lack of legal basis and the abuse of the right of information self-determination.Chapter four discusses that it is necesary to balance the personal information protection and the use of personal information by substantive and procedure law.Chapter five put forwards some suggestions:(1)The definition of personal information include identification and sensitive personal information,(2)Self-determination on information should be adopted as the basis of legislation,(3)rights should be balanced by power to stop right abuse by the citizen.