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Research On The Prevention Of Administrative Organs Infringing On The Right To Personal Information

Posted on:2022-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:N WeiFull Text:PDF
GTID:2516306722977699Subject:Law
Abstract/Summary:PDF Full Text Request
With the advancement of society,personal information is more important for natural persons.The collection,processing,and use of natural person information by administrative agencies can improve administrative efficiency,save administrative budgets,and provide better social services;however,personal information infringement problems are also emerging one after another.Citizen information The phenomenon of illegal or unreasonable collection,processing and utilization by administrative agencies has brought hidden dangers to citizens ' personal information-related rights and interests.At present,my country has not enacted special legislation on the related issues of personal information protection,and the relevant system is not sound enough.The regulations on preventing the infringement of personal information rights by administrative agencies are particularly lacking.How to avoid the phenomenon of infringement of personal information rights by administrative agencies has become a law circle.New topic.Therefore,the research on the prevention of the infringement of personal information rights by administrative agencies plays a significant role in promoting the legislative process of personal information protection in my country.This article aims to discuss in detail the problem of preventing the infringement of personal information rights by administrative agencies.On the basis of clarifying the concepts of personal information and personal information rights,dig deeper into the performance of related infringements,find the underlying causes of these problems,and prevent administrative agencies from infringing Personal information rights put forward more complete countermeasures and suggestions,so as to avoid infringements and make citizens' personal information get due protection.This article mainly contains four parts.The first part is an overview of the infringement of personal information rights by administrative agencies.It explains the concept of personal information and the difference from other similar concepts.It clarifies that personal information refers to natural persons that can directly or indirectly identify specific The sum of the information of natural persons and the meaning of the infringement of personal information rights by administrative agencies;and emphasized the importance of preventing the infringement of personal information rights by administrative agencies from the perspective of protecting human rights,balancing the relationship between information disclosure and protection,and administration according to law.The second part discusses the specific manifestations of administrative agencies' infringement of personal information rights,mainly including the collection of personal information by administrative agencies without permission and the indeterminable basis for obtaining personal information from third parties,which affects the right of personal information self-determination;refusal to disclose personal information,affecting citizens The right to inquire about and know the information;the illegal disclosure of personal information has violated personal privacy;the refusal to change or delete personal information affects the accuracy of personal information in four aspects.The third part analyzes the reasons for the infringement of personal information rights by administrative agencies.The main reason is that the legal regulations are not perfect,and there are some deficiencies in the legal regulations on the collection,storage,use and disclosure of personal information by the administrative agencies;the lack of effective supervision of the administrative agencies Relevant legal responsibilities are vacant;there are deficiencies in administrative remedies,the difficulties in administrative reconsideration and litigation,and the lack of due compensation after personal information rights are violated.The fourth part proposes corresponding countermeasures to prevent administrative agencies from infringing on the right to personal information.Administrative agencies should follow the principle of balance of interests to measure whether or not to disclose government information containing personal privacy;and improve the design of relevant procedures for the collection and use of personal information by administrative agencies;Supervision and supervision of administrative organs;finally,perfect administrative relief from the perspective of reconsideration,litigation and compensation to prevent administrative organs' infringement problems.
Keywords/Search Tags:personal information, administrative organ, Personal information right, open government information, infringement
PDF Full Text Request
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