Research On The Coordination Of Public And Private Laws For The Protection Of Personal Information

With the wide use of big data technology,the development of information technology and data mining technology has made the collection and utilization of personal information easier.Personal information has become an important capital to be snatched,called the oil and gold of the information society.The rational use of personal information not only brings convenience to people's lives,but also has important value for promoting economic development and social progress.However,in recent years,a large amount of personal information has been leaked,and personal information crime has become increasingly fierce,which has caused great trouble to people and social public security is also threatened.In order to protect personal information,it is necessary to construct a complete legal system for personal information protection,improve laws and regulations,and coordinate and cooperate with each department's laws to jointly protect citizens' personal information.This paper first analyzes the concept,classification and legal attributes of personal information from the basic theoretical level of personal information,in order to clarify the scope of protection of personal information.Personal information outside the scope of protection is used reasonably,its value is fully reflected,and personal information within the scope of protection is strictly protected to achieve balanced development of personal information protection and rational use.This paper then analyzes the current security status of personal information in China.Personal information is widely collected,processed,utilized and transmitted,and even forms a series of black industrial chains.Personal information security mainly has the following problems:multiple cases,difficult governance,and multiple types of legal liability.In order to deal with the issue of personal information security,the author has found out that there are many problems in the coordination between public and private law by sorting out the current legislative status of various departments in China.These problems are mainly manifested in the absence of legislation on the basic protection of personal information,the conflict between legal norms,and the inability to effectively link administrative law with criminal law.In this regard,the author proposes improvement suggestions:First,in the area of civil law,establish the right to personal information,improve the contract law protection of personal information to strengthen civil legislation to improve the basic law of personal information protection;Secondly,in the aspect of administrative law,accelerate the legislation of the "national regulations" and improve the protection system of personal information administrative law,so as to construct a complete system of personal information protection pre-laws;Finally,in the aspect of criminal law,the definition of "violation of the relevant provisions of the state",improve the behavioral system structure of crimes against citizens' personal information,improve the penalty,and improve criminal legislation to achieve effective connection with administrative law.