A Comparative Study On The Protection Of Personal Information Rights And Its Enlightenment To China

With the booming IT technology,it seems more and more complicated for collecting processing,using and disposing personal information.For one hand,the personal data,embedded with personal interests of the data subject,indicates more commercial value in the context of Internet Economy.Discussions on the essence of the personal data as a private right carve one or more aspects of its value to human?In practice,there are two modes of protection,one represented by the EU,and the other by the U.S.The EU has established uniformed and elaborate regulations,defining roles and responsibility in the information life circle,backing the value that personal data is a fundamental right and freedom;while the latter carefully restricts the invasion of public authority into privacy,regulates in some sector for public interest and leaves the rest in the charge of market mechanism,to guarantee the information free flow hopefully without derogation of personal privacy.These two modes,while underpinned with different political culture and legal tradition,reflect different values and pursuits in respect of personal information.The measures a country is to take,shall be conformed with its social,eco and industrial developments.When looking at the status quo of protection in China,it is never hard to find regulations,but scattering rules and norms with little coherence,as well as ambiguous allocation of supervisory responsibility,result into least effective protection and highest threshold of remedies for individuals.Based on a comparative analysis,the author hereby calls for a specific rules regulating personal information protection,clear allocation of supervisory responsibility and eligible individual complaints access and possible introduction of industrial self-discipline.