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A Comparative Study Between The Person In Charge Of Personal Information Protection In My Country And The EU DPO System

Posted on:2021-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WangFull Text:PDF
GTID:2436330623971477Subject:Legal history
Abstract/Summary:PDF Full Text Request
China is still in the process of continuously improving the personal information protection legal system.From a global perspective,the construction of China's personal information protection legal system still has a long way to go,and there is still much room for improvement in the level of "full" protection of personal information.The personal information protection person in charge system,as a new personal responsibility system,has been established and improved in the context of the introduction of the EU 's General Data Protection Regulation(GDPR)to break through China 's traditional personal information protection research field and legal system to maintain information The subject's legitimate rights and interests have important theoretical and practical significance.This article is based on the interpretation of the basic concepts and characteristics of personal information protection officers and data protection officers(DPOs),and points out that China's personal information protection officers face insufficient normative binding power,lack of professional talents,and the importance of relevant institutions,departments or enterprises.Not high enough for a realistic dilemma.Further analysis of the status of the statutory situation and responsibilities of the personal information protection person in charge and related positions,from the legal level,it is clear that there are inadequate legislation,unclear rights and responsibilities of the relevant personnel,and the regulatory system in China.Insufficient,etc.As the most stringent personal data protection norms of the European Union,the published and implemented DPO system has far-reaching legal sources.After a long period of fierce controversy and repeated deliberation,the GDPR is not only based on the details of the appointment,status and tasks of the DPO.Regulations,and also impose obligations on personal data controllers and processors to maintain DPOs to perform their duties accordingly.Making the unique advantages of the DPO system is not only an important source of personal data protection legislation of EU member states,but also a model for countries in the world to innovate and improve their personal information security.Due to the consistency between China and the European Union in terms of personal information protection legislation,the commonality of personal information and personal data,the similarity between personal information protection leaders and the DPO system,and the need for a typical enterprise to set up DPOs,It has the basic conditions for drawing on the EU DPO system.This article compares the person in charge of personal information protection in China with the European Union DPO system by using comparative law research methods,adopts the method of legal transplantation,and draws on the advanced features of the DPO system.By improving the relevant legislation of personal information protection leaders;clarifying the rights and responsibilities of personal information protection leaders,controllers and processors of personal information;establishing a mechanism for prior consultation,and clarifying the relationship between supervisors and personal information protection leaders,etc.Establish a more complete personal information protection person in charge standard,and form a personal information protection person in charge system with Chinese characteristics.
Keywords/Search Tags:DPO, GDPR, Personal information, Personal Information Protection Officer
PDF Full Text Request
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