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The Research On The Legislation Of Personal Information Security In China

Posted on:2019-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ChenFull Text:PDF
GTID:2416330545967445Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In the information age,where "big data," "cloud services," "blockchain," and other emerging concepts of the Internet continue to emerge,personal information security is as important as life and property security.Once the personal information data is shared to the network,it is almost irreversible and personal information security will face potential threats.How to protect personal information security is a global,unavoidable issue.Apart from adopting technological means,the regulation of the law will rely on the strong guarantee of the national machinery.It is also the method currently being used by most of the developed countries in the world.However,relevant legislation in our country is not yet mature.Research on the security of personal information in China is mostly Focusing on the research and development of network technology related fields,there is relatively little research on the protection of personal information related to high-level housing from the legislative perspective.Personal information can be defined as including information that can identify the special sign of the information subject.It includes the natural person's body,identity,status,and other facts,judgments,evaluations,and other information concerning personal matters.Personal information security refers to the fact that personal information is not infringed during the process of production,production,dissemination,collection,and processing.Protecting personal information security is conducive to safeguarding citizens' right to self-determination of information,helping to safeguard the dignity of citizens and enhancing self-identity.It also ensures the rapid development of society and the efficient and smooth operation of state machines.China's "Constitution" does not explicitly stipulate that "the security of personal information is protected by law".Although China' s Internet has gradually accelerated its development,laws concerning the protection of personal information have appeared in certain department laws.Unfortunately,it has not yet been established.With regard to the special laws concerning personal information security,the current legal norms are relatively imperfect in the construction of specific legislative content,and there are flaws in the design of the system.By drawing on the relevant legal systems of other countries,we can provide valuable lessons for our country 's relevant legislation in the future.China's personal information security legislation has problems and needs to be improved.First of all,a special law on personal information security should be established to link up with the laws of the existing departments,and the administrative regulations and rules for matching must be completed in accordance with the legislative system.From the perspective of substantive rights,ensuring the right of natural persons to enjoy personal information security should be the core content of legislation.From a procedural point of view,the personal information security law should design different standards and systems for the collection,processing,utilization,and transmission of personal information.Through the establishment and improvement of a series of specific measures,the comprehensive protection of personal information security from the perspective of legislation is achieved.
Keywords/Search Tags:Legislative Research, Network Information, Personal Information Security, Information Self-Determination
PDF Full Text Request
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