Research On Civil Law Protection Of Personal Information In China

The birth of the computer,the rapid development of computer technology and electronic communication industry,the information is widely spread and use.In the information society,the importance of information already cannot be mention in the same breath,the operation and development of the society depends on the information processing using,to a certain extent,tangible material resources can not be replaced the role of information.The personal information as an important part of information resources,also has an important value to the economic and social development.However,there is always a shadow under the sun,the personal information being used at the same time,it is easy to be violated,such as telecommunications fraud,human flesh search,selling data,harassment.So,more and more common in social life,and even the nature of their behavior become more severe,causing great distress to people's life,serious will endanger property and life safety,so people hope that their personal information can be protected effectively.Based on this background,the author studies the problems related to the civil law protection of personal information in order to improve the protection of personal information of citizens of the legal system of civil fields.First of all,this paper described the concept of personal information and analysis,expounds the characteristics and classification of personal information,to lay the foundation for the legislation of subsequent research.Secondly,using the method of comparative study,analysis of the major countries and regions in the world of personal information protection legislation mode and protection mode,select the typical countries of Germany,the United States,Japan and,the OECD and EU are analyzed.Thirdly,existing in our country's personal information protection and utilization review and analysis,comparison of foreign legislation,pointed out that China's current problems in the civil law protection of personal information.Finally,some suggestions on the civil law protection of personal information in China Advice.Promote the harmonization of legislation of personal information protection;specific personal information protection law applicable scope and exceptions;the establishment of the basic principles of the civil law protection of personal information,information collection principle,collection and utilization ofpurpose principle,quality and safety principle,the free flow and the principle of reasonable limits;personal information rights named "personal information right,clear the rights and properties of six kinds of power,including decision,query,correcting,freeze and confidentiality;establishing the right of personal information can be taken against the remedy.