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Study On German Personal Information Protection Law

Posted on:2019-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:W W LiFull Text:PDF
GTID:2346330542997678Subject:Legal History
Abstract/Summary:PDF Full Text Request
At the end of the 1970s,information became one of the most important resources in the society under the background of the information society.Driven by economic benefits,a large number of personal information has been leaked or used by other people.Many countries and regions in the world have begun to develop personal information protection law to protect citizens' personal information safety.There are two main legislative modes in the world,the first is the United States as the representative,mainly advocating industry self-discipline and decentralization of legislation.The second is the representative of Germany,which advocates the unified legislation of the state.As a typical representative of the unified legislative state of personal information,Germany's personal information self-determination right can not only protect citizens' personal information from the illegal infringement of others,but also resist the interference of state organs with absolute advantage rights.Learning and learning from the development experience of the German personal information protection law should be a task that must be carried out.This paper first explains some basic information about the protection of the interpretation,including definition,different countries of its theoretical description and theoretical analysis.Here,we believe that personal information is not only relevant to personal privacy information such as home address,age,and also includes various computer terminal equipment we use the information(location information,browsing records),social relations(working place).....Everything is related to the individual and through this information may identify all the information of the information body.When elaborating the theory,legislation and typical precedents of personal information in Germany,we first focus on the social and political background and legal basis of German personal information protection law.After World War ?,the human rights of the German citizens are rising,and are extremely sensitive to the adoption or use of any country or non state institutions on their information.After World War ?,the core task of the German jurisprudence is to study the value content and human dignity of the personality.With the gradual recognition of personality and personality rights,it provides a theoretical basis and a legislative environment for the independent legislation of individual information inGermany.This paper outlines the evolution of the German personal information protection law.The development of German personal information protection law is based on the innovation of social and political environment and jurisprudence theory,and promotes its continuous development through specific cases.After World War ?,respect for human dignity has become a domestic reflection and a strong voice.The concept jurisprudence also gradually withdrew from the historical stage,and the free law gradually became the dominant theory thought at that time.This lays the foundation for the judge to build the right of law in the case of the reader's letter.From then on,the judge is no longer a puppet of the law but a logical use of the law.Then,every personal information related case in German court is the affirmation of the new theory in the judicial practice circle,and promotes the reform of personal information protection in Germany.For example,the verdict of "census case"confirms the right of information self determination through the logical deduction of general personality right to self determination right and information self determination,which expands the protection scope of general personality right.The decision industry of "population general case" directly promoted the reform of the personal information protection law in 1987.The law of personal information protection in Germany emphasizes the basic principles,such as direct principle,purposeful principle,and the principle of security protection in legislation.In addition,the rights of information subject protected by the German information protection law run through three stages,such as the collection,processing and utilization of information.The right of personal information mainly includes the right of personal information,such as the right to inform,the right of correction,the right to delete,and so on.The last part is a summary of the full text.Compared with the theory of privacy in Germany,the theory of personal information right in Germany is more consistent with the needs of development in the information age,and it can protect personal information safety more comprehensively.The author also discussed above in Germany according to the personal information protection development background,history,mechanism,and combined with the status of personal information protection in China is put forward such as "right of personality" as the theoretical basis,our personal information pretection that information right the public nature of personal opinions,in order to promote the further development of personal information protection in China.
Keywords/Search Tags:Personal Information Protection, General Personality Right, Information Self-determination
PDF Full Text Request
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