Dilemma And Way Out

With the development of information technology, behaviors such as collecting, using and processing of digital personal information are growing at an explosive rate. While people enjoy the convenience of technology, they also feel the coming crises. As an important social resource, personal information not only contain human dignity, but also mean a lot to the democratic politics and economic development. In this case, legislation followed by enforcement mean a lot. According to the actual situation in our country, this paper aims to put forward suggestions for improve the legal protection of personal information system.The first part of the thesis is a brief introduction of the development of theories, follow by the analysis of different legitimacy basis for personal information process. Since the 40's of 20 century, discussions between privacy theory, property rights theory and personal information self-determination theory never cease. The impact of various theories lays mature and practical basement for the legal protection.The second part analyzes the main problems that exist in the legislation and enforcement mechanism of personal information protection in our country. There are few laws concerning personal information protection. Therefore, the legislative problems mainly focus on "Personal Information Protection Law of the People's Republic of China (Proposal)" (hereinafter referred to as the "Personal Information Protection Law (Proposal)". In the area of enforcement, our country has not set a specialized institution. People could only rely on self-relief. This analysis will focus on significant problems in China's administrative, criminal and civil relief mechanism.The third part mainly analyzes the experience of foreign legislation and law enforcement about the legal protection of personal information. The European Union pays attention to the political attribute and social value of personal information. They take the unified legislation mode and set up a special institution to construct the top-down execution mechanism. The United States emphasizes the personal attribute and commercial value of personal information. They take the separate legislation mode and construct a bottom-up enforcement mechanism by enhancing industry self-regulation and self-help. Different modes have their own advantages and disadvantages. We should find inspirations according to our own situation.The fourth part aims to put forward specific advice for the problems exist in legislation and law enforcement. In the aspect of legislation, we should improve the "Personal Information Protection Law (Proposed)" and accelerate the special legislative process. In the aspect of enforcement, we should balance different relief mechanisms and do not regard the personal information protection institution as the core of the enforcement process.The last part of this paper summarize the key points of the parts above and reaffirm the multi value attributes of personal information. Only eliminate the chaos of judicial practice that caused by the ambiguous regulation, can we realize the effective protection and remedy for the personal information right. This paper hopes to provide some ideas for dealing with the problems of personal information protection law of our country and cultivate a balanced value orientation.