On The Protection Of Personal Information By Administrative Law

In recent years,the progress of network information technology has provided a more efficient way to disseminate and exchange information.The way of personal information dissemination has changed from traditional way to modern way.But at the same time,the privacy of citizen information is much worse than before.People often feel that they live in a transparent world.On the one hand,administrative organs collect a large amount of citizen information based on the need to perform their functions and powers,and huge information databases are gradually established.On the other hand,with the rapid development of market economy,more and more people realize the huge economic value of personal information,and it seems that to have mastered wealth is to have mastered information,which also prompted some people to collect information.Information collectors can collect more comprehensive personal information by more convenient and faster means,which is undoubtedly beneficial to the construction of information society.But for information collectors,due to the lack of clear legal norms in the process of collecting and utilizing personal information,personal information security can not be properly protected,and cases of infringement on citizens' personal information are frequent.Happen frequently.At present,the theoretical research and legislative level of personal information protection in our country are still relatively backward.Compared with the high threshold of criminal law protection and the passivity of private law protection,administrative law,supported by powerful public power,can protect personal information more effectively.In view of the urgent need for the development of our country,it is urgent to protect citizen information by administrative law.At present,in the field of administrative law,there are still some deficiencies in the protection of personal information.Firstly,there is no complete personal information protection law in our country,and the existing relevant laws and regulations are scattered in various fields,lacking a relatively complete system,so when the infringement occurs,there will be no legal basis.Secondly,when public power infringes on citizens' personal information,the punishment for such cases is insufficient,and the supervision in advance is often unable to be implemented,and the protection of private law is difficult to expand to the field of public law,so it is self-evident that it is difficult to protect rights.Thirdly,the existing remedies in our country are mainly through administrative litigation,administrative reconsiderationand administrative compensation,but these remedies also have the problems of weak legal basis and lack of tort liability mechanism,which are also the reasons for the difficulties in safeguarding personal information after being infringed.For the protection of personal information,China's civil law and criminal law have carried out certain exploration,and many points of view also put forward that the protection of personal information should be interdisciplinary,but this article discusses the protection of personal information from the perspective of administrative law.Firstly,it defines the name,definition and legal basis of personal information,and clarifies the important role of protecting personal information in protecting human rights and improving the level of information development in our country,which is the theoretical basis for studying the protection of personal information;secondly,it explores the development status of personal information protection,mainly through studying the legislative status of our country and the development of foreign countries to clarify me.At the current stage of development,we will discuss the dilemma faced by personal information protection,such as the lack of legislation,low supervision and relief channels can not really play a role,etc.Finally,based on the basic national conditions and realistic development level of our country,we will seek solutions from various angles such as legislation,law enforcement,supervision and relief,for example,legislation should be speed up in our country.The Law on the Protection of Personal Information strengthens the regulation of the procedure of collecting and utilizing personal information by information collectors,establishes the supervision system of the use of personal information,and perfects the relief system after personal information is infringed.