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On The Legal Protection Of Personal Information In The Network Environment

Posted on:2022-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y M LiFull Text:PDF
GTID:2516306752992229Subject:Civil Commercial Law
Abstract/Summary:PDF Full Text Request
At present,the topic of personal information protection has received extensive attention in my country.With the vigorous development of network artificial intelligence technologies such as big data,face and speech recognition,the center of human life has gradually shifted from the real space to the cyber virtual space.Citizens' personal information is one of the important components of modern social information resources,so citizens' personal information not only reflects personal interests,but also reflects huge economic interests.Information security also brings huge challenges.The abuse,use,and disclosure of personal information infringe upon citizens' privacy and personality rights,and even more seriously,will cause huge losses to citizens' economic interests,and are not conducive to stable social order and the rule of law.social construction.Therefore,the protection of personal information in the context of the Internet is a hot topic,which requires attention,strengthening and improvement of the protection of personal information.This article focuses on the protection of personal information in the network environment,and conducts a more in-depth analysis of this issue.Except for the introduction,the logic of the text is as follows:The first part mainly expounds the background,basis,significance,current situation and method of the topic selection;The second part analyzes the basic issues of personal information,including concepts and characteristics,and the identification of similar word meanings.At the same time,it analyzes the legal attributes of personal information related to the theoretical circle.The third part mainly analyzes the current situation and existing problems from the legislation,judiciary,citizens and industry self-discipline of personal information protection in my country under the network environment.Although the Personal Information Protection Law has been promulgated,there is still room for improvement in my country's special legislation on personal information protection.In the judicial aspect,the number of personal information infringement cases caused by the information processing technology of network technology has been increasing,and the courts have made different judgments in various cases,which reflects the shortcomings of our country's legislation.The outstanding performance is that the current legislation does not clarify the rights and attributes of personal information,the principle of imputation of the current tort liability system is difficult to adapt to the characteristics of the Internet age,and the Personal Information Protection Law and the Civil Code have not specified specific relief systems.Improve legislation.The fourth part,through the design and display of extraterritorial laws and regulations on personal information protection and related systems,finally draws a model suitable for my country's national conditions.This part discusses by taking the United States,the European Union,and Japan as examples.The European Union adopts a unified legislative model,and each EU member state also has special laws to protect the personal information of citizens;the United States adopts a decentralized legislative model,which protects personal information.The legal provisions are scattered in various legal documents;in Japan,the advantages of the two models are combined.Through the analysis of the three legislative models,it is found that their differences are in terms of theoretical basis,guiding ideology and legislative model.It is worthy of our country to base itself on the basic national conditions,take the essence of them,improve and strengthen the protection of the personal information of the information subjects,and keep in line with international standards.,keep up with international development.The fifth part focuses on the analysis of the related issues in the construction of the personal information protection system in the network environment.The first is to improve the legal protection system for personal information in the network environment,including the improvement of legislation in the field of personal information protection in the network environment of the Civil Code and the Personal Information Protection Law,the improvement of the tort liability system,and the improvement of the contract protection system.Improve and fully protect the personal information of information subjects from infringing;the second is to improve judicial credibility;the third is to strengthen industry self-discipline;the last is to strengthen citizens' security awareness of protecting personal information.Through the current situation and problems of legal protection of personal information under the network environment,this paper puts forward specific relief and preventive measures,strengthens the legal regulation of infringement of network personal information,and realizes the effective protection of personal information.These problems need to be solved urgentl.
Keywords/Search Tags:personal information, online personal information, status quo, legal protection
PDF Full Text Request
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