On Administrative Law Regulation Of Personal Information Disclosure In China

Personal information disclosure has become global public hazard,which cannot be prevented.It seriously infringes the security of personal information,restricts the progress of information technology and development of the society and the country.The security of personal information can't be realized by civil and criminal relief function,and the source governance function of administrative law is more fundamental and thorough.Due to the complexity of personal information disclosure governance,controller self-regulation passively cannot control personal information disclosure.The new ways to realize personal information security is to fully establish self-regulation mechanism by controller,give full play to the role of the state in providing security,and construct the cooperative governance model.Specific research contents are as follows:Chapter one: introduction.Introduce the necessity of controlling personal information disclosure through the personal information disclosure case report and the status quo of the existing legal protection,and then put forward the viewpoint of regulating personal information disclosure by administrative law.Chapter two: analysis of the current situation and causes of personal information disclosure.Based on 222 typical domestic and foreign personal information disclosure incidents that occurred in the whole year of 2017-2018 and the first quarter of 2019,analyze current situation and factual reasons of personal information disclosure.Based on the civil law,administrative law,criminal law and judicial practice,explore the legal reasons on personal information disclosure.Chapter three: the necessity and feasibility of the administrative law on personal information disclosure.Apply the new administrative cooperation governance model of the market players self-regulation and the state to play a safeguard role to personal information disclosure.Demonstrate the necessity and feasibility of this model from that administrative regulation is better to govern personal information disclosure than civil law and criminal law and it is in line with the internal demand of personal information disclosure to the legal system,disclosure subject is controllable and China and the European Union(EU)already have experience in administrative cooperation.Chapter four: the comparative analysis of the administrative law regulation of personal information disclosure between China and the EU.Make a comparativeanalysis from the administrative system,administrative supervision mechanism,administrative regulation objects and their obligations,and administrative responsibility between relevant normative documents of China and the EU GDPR to explore the shortcomings of Chinese administrative regulations and the referential experience from GDPR.Chapter five: Suggestions to perfect the regulation of personal information disclosure administrative regulation in China.Firstly,establish the administrative standard system of personal information protection;Secondly,establish unified administrative supervisory body,specify the duties and responsibilities of the supervisory bodies to play their safeguard role;Furthermore,strengthen self-certification compliance,establish the obligation system of the controller in the whole process.Finally,build practical personal information disclosure prevention policy dynamically,promote cooperative governance.Thus,achieve personal information security.