A Comparative Study On The Legal Systems Of Personal Information Protection Between China And Germany

Personal information refers to all information related to individuals.It is a concept of summation and its most basic legal feature is identifiability,which is the theoretical foundation for the study of personal information protection.In today's society,information dissemination is faster and more convenient.While people is enjoying fast services,their personal information is more vulnerable to be infringed,such as illegally collecting information,illegally using personal information,and illegally disclosing personal information.Therefore,people gradually realize the importance of personal information,so that they constantly improve the legal system through fundamentally protecting personal information security.At present,there are various ways to infringe personal information in China,so that relevant provisions have been made by different departments and fields,but our country has not yet make special law on personal information protection and the protection of personal information has not yet formed perfect law system,lacking unitive legislative mode,explicit basic principle and specific content.In this way,it is every urgent to build and perfect legal system of personal information protection in China.Germany is the first country to formulate the personal information protection law specifically.It adopts a unified legislative model and forms a top-down personal information protection mechanism.Through the comparative study between China and Germany on the legal system and basic principles of personal information protection,the differences in personal information protection between the two countries are learned,so as to provide enlightenment for the construction and improvement of china's legal system of personal information protection.First of all,we should choose a unified legislative model,learning from the German legal system and combined with China's national conditions,to build a perfect and special protection law on personal information;Secondly,for the protection of personal information,proper basic principles should be determined and the significance of the principles should be clarified,such as the limitation principle and the specific purpose principle,so that they can play a comprehensive guiding role.Finally,thinking of the information subject's right,the information controller's obligation and the legal responsibility system,we construct our legal system of personal information protection to safeguard the individual information security and maintain the citizen legal right.