Research On The Legislative Model Of Personal Information Protection Law

With the development of science and technology,the value of personal information is increasing,and the frequency of competition and utilization by various countries and social organizations is increasing.Accompanied by this,personal information is over-collected or illegally sold,and even the information is stolen and infringed.In order to cope with the information crisis,countries have enacted relevant personal information legislation and promulgated policies to ensure the safety of personal information.Our country's personal information protection law related legislation is still in progress,how to choose a more effective legislative model has been making efforts.In the legislative plan of the 13 th Standing Committee of the National People's Congress in September 2018,the personal information protection law has already become a draft law for consideration.Firstly,This paper interprets the basic definition of personal information,and elaborates the related concepts.In the study of these basic concepts,human is the most basic subject,and also an indispensable and important subject of personal information.The most primitive state of personal information is data,which becomes an important resource to create commercial and social values through technical processing and processing.Recognition in personal information has become the most basic feature,but not all identifiable information can be regarded as a concept in the sense of legal protection,only when it involves legal interests can it be protected by law.At the same time,we compare the related concepts of personal information,such as personal data and personal privacy,and draw the similarities and differences between them.Secondly,the choice of legislative model under different theories is analyzed.The EU pays attention to the protection of rights and personal dignity.In order to face the risk of personal information security,it adopts the unified legislative model of countries.The EU legislative model provides comprehensive and strict legal protection for the protection of personal information,which protects the right of personal information to a great extent.However,it also causes the blockage of information utilization in the EU and hinders the development of the country.Under the idea of advocating freedom and freedom of information,the United States adopts the decentralized legislative model of industry selfdiscipline,which promotes the efficiency of information circulation.However,due to the adoption of different legal protection standards,the protection of citizens' personal information rights and interests is not sufficient,the protection is weak,and the protection of personal information security is worrying.In contrast,the comprehensive legislative model under the theory of interest balance,taking into account the interests of citizens,society and the state,can protect personal information security and promote the free flow of information,balance the conflict between personal information protection and information utilization,and greatly promote social development.It can be seen that the comprehensive legislative model is more suitable for China's national conditions,demonstrates the necessity and feasibility of the comprehensive legislative model for the protection of personal information in China,and puts forward relevant reasonable and effective paths,which can provide useful reference for the study of the legislative model of personal information protection law in China.