A Research On The Protection Of Personal Information By Public Law

With the development of computer and web technology in 1960s, human beings began to enter into a society of information. The efficiency of governments is greatly elevated and the ability of governments in collecting and dealing with personal information has come to a new stage never reached before. Meanwhile, citizens are facing a danger that their personal information is unjustly or illegally collected. How to protect the personal information so as to avoid the unjust interference and infringement from governments has become a new research top in the fields of public law. This dissertation, centering on argumentation of the privacy rights of personal information and the rights of self-determination of information, explores the basis of justice in personal information protection by public law and reviews the regulations of personal information protection by public laws in foreign countries. Based on the analysis of the cases in which the personal information was illegally collected and dealt with in China, this dissertation put forwards some suggestions in the construction of the personal information protection system in China.This dissertation is consisted of five chapters. The introduction presents the problems of personal information protection by public law, introduces the present research status of this problem, and the research logics, contents and methods of this dissertation.The first chapter is about“the right foundation of personal information’, which mainly discusses two basic theoretical problems: the personal information and the right foundation of personal information. The dissertation first analyzes the definition, category and nature of personal information, then discusses the two kinds of rights which personal information protection is based on, which are the right of information privacy and the right of information self-determination. Through comparing the orientation, establishment and values between the right of information privacy and the right of information self-determination, the author puts forwards that the basis of the right to personal information is the right of information privacy and the essence of it is that the subject has the rights to dominate and control the personal information and exclude the interference from others.The second chapter discusses“the value and Legal basis of the personal information protection by public law”. In this chapter the author analyzes the legal values of the human right protection in protecting personal information by public law, the constitutional democracy and limiting public power. The justice in theory of protection of personal information by public law originates from the theory of“human dignity”, which has three essential attributes, including the ultimate purpose of human beings, the autonomy of human beings and the limitation to the national powers, which are motive power and starting point of personal information protection by public law.Chapter three is a comparative law review of personal information protection by public law. In this part, the author reviews the construction process of personal information protection by public law, and introduces the situations of public power infringing on the personal information, and makes a comparative study between the legislation of foreign countries and the world organizations, so as to provide some experiences for Chinese legislation in personal information protection.Chapter four discusses the current situations and problems concerning the personal information protection in China. Based on the empirical research, this chapter describes the deficiencies and points out the reasons in personal information protetion, and summerizes the present existing problems in the personal information protection by public law.Chapter five discusses“the construction of the system of personal information protection by public law”. This chapter makes initial design of the framework of the system of personal information protection by public law, and put forwards that first it is necessary to establish the conception of“human dignity”regulated by constitution with the information privacy negatively avoiding invading and harassing and active self-support protection as its core, establishing the general principle in collecting and dealing with information, the concrete princples and due process,etc., and mainly analyzes the conflicts and coordination of the publication of government information and personal information protecion.