On The Public Law Protection Of Personal Information

It has become more convenient and rapid to get access to information in an information society and personal information is being more widely collected,used and processed.On the one hand,it promotes the flow and sharing of information,while on the other hand it also brings negative effects to the subject of information.Personal information is being improperly collected,maliciously used,and even tampered.The phenomenon of illegal use of personal information has been getting worse and worse.In addition to the junk messages and mails that trouble us the most,some individuals or gangs defraud the citizens after they control citizen's personal information.More than that is some are carrying out frauds pretending that they are police officers or other type of public service officers.People always say that infringement of right is impossible to be defended effectively.Hidden dangers may break out at any moment.It is not only a violation of the individual rights of citizens,but also a serious threat to the social harmony and stability.Protection of personal information has become an emerging legal issue after the human beings step into an information society and great changes happen to the way of social production and living.Protection of personal information by public law has become a new,global challenge,arising increasing concerns.The legislation on personal information protection has been widely developed in the world.The Chinese government has also incorporated it into the legislative agenda.This paper targets Chinese public law on personal information protection and deeply analyzes the causes of this phenomenon.And through the study of the public law protection mechanism of personal information in the main developed western countries,it is expected to provide guidance for the public law protection mechanism of personal information in China,solve the existing problems and fill into blank in public law protection of personal information in the current stage of China and perfect the implementation mechanism of personal information protection suitable for Chinese conditions,thus to ensure the realization of personal information protection.Therefore,the study made in this paper has great practical significance to the effective implementation of personal information protection in our country.This paper from the six parts of the public law protection of personal information are studied:the first part in order to further discuss the law of personal information,in the introduction part of the research background,research status,research ideas and methods of the research.The second part mainly discusses two basic problems:scope of concept "personal information protection law in this chapter,the protection of personal information and personal information protection are analyzed,firstly the definition of personal information,the classification and scope of the account,then introduces two main ways of personal information infringement:first the traditional way of infringement in the Internet second The emerging infringement based network,from the constitution,administrative law,criminal law,characteristics and methods of protection three important public law on the protection of personal information are discussed,and then analyses the connection and protection of public law and private law protection complementary,finally the value objective and practical significance on the law protection of personal information are introduced.The third part mainly discussion on "personal information protection law" this part respectively the constitution,administrative law and criminal law on the protection of personal information content and method are introduced,mainly from some of the basic rights of citizens,analyze the remedies and punishment after the infringement.The fourth part mainly discusses the foreign "The mode of protection of personal information and reference":this part mainly introduces the process of constructing the mode of legislation,the personal information of several German EU Japan and other countries the United States,comparative analysis on the legislative mode between them,and provide valuable experience for the protection of personal information in our country,the fifth part mainly discusses the"investigation" practice of my personal information in the public law protection.This part mainly from the legislative mode,basic principles,several aspects of the legal system and so on,here focuses on the legal system of the lack of legal system,legislation was analyzed.The sixth part mainly discusses the Countermeasures to improve the "personal information protection law of our country in this part From the main points of the personal information protection legislation,perfecting law,three aspects of personal information management system to carry on the analysis,mainly from the administrative law and criminal law to perfect the supervision system of several to discuss.