| Personal Data Protection Law(draft)has been submitted to the Standing Committee of the National People’s Congress(NPC)for deliberation,and the second-review draft was released on April 29.While this legislation has been drafted,it has been constantly self-revising and has drawn on many excellent experiences from other region.However,there are still some shortcomings.As early as last century,the European Union began to study the legislation of personal data protection.The current General Data Protection Regulation(GDPR)is an update of the old Directive that have been implemented for more than 20 years.It has improved the legal framework of personal data protection from many aspects and has a high level of legislation,which is worthy of our comparative study.In this thesis,text research method is used to analyse and interpret GDPR in detail,and the advantages and disadvantages of relevant provisions in data processing principles and legal basis,sensitive and children’s data,rights and obligations of subjects and so on are mainly evaluated.Comparison study method and interdisciplinary research method are used to study the present situation of the personal data protection in China,which has found existing problems of the legislation,law enforcement,judicature and so on.Then,the feasibility of learning GDPR’s experience is analysed,which indicates that the social problems solved by GDPR,the basic rights theory of GDPR,and the legislative model of GDPR are all in line with the current legislative situation of China.Therefore,this thesis puts forward some legislative inspirations based on GDPR and Personal Data Protection Law(draft)on improving the legal basis of data processing,strengthening the protection of children’s data,improving rights and obligations of relevant subjects,improving supervision,data cross-border flow and relief system. |
