The Protection Of Personal Data In Internet Age

The concept of privacy originated in the 19th century in the United States. In 1890, Samuel D.Warren and Louis D.Brandies published"privacy"in"Harvard Law review". Since then, the protection of privacy of citizens has become an important theoretical and practical issue.In the era of information and internet, percenal privacy mainly showed as"personal data". Based on traditional privacy right, the author have thoughts on the protection of personal data.This article try to analyze the reason, theory, pattern and the measures which should be taken in China of the personal data protection.The three parts of the article are as follows:Section 1 mainly concerns about the necessity of the personal data protection in internet. Firstly, the author analyzes the essential characters of personal data following the introduction of current legislation of the other countries. Secondly, the author describes the role of personal data plays on the Internet from the three aspects, Internet content supply, information reaction, and security certification of E—commerce. Lastly, with regard to respecting of personality, the author concludes the necessity of personal data protection.Section 2 mainly concerns about the theoretical basis of personal data protection. The author concludes that the right to data privacy is the legal right basis of the personal data protection system through four layers. The author points out that the traditional theory of the right to privacy dose has its limitation though it is the basic legal measure to protect the privacy. But the limitation of traditional right to privacy could be amended by the right to data privacy. The author also research the subject, object and elements of the right to data privacy.Section 3 mainly focus on the legislation patterns of the right to data privacy. After analyzes the tow legislation patterns, namely, the EU pattern and the USA pattern the author points out the ideal legislation pattern should be taken in China.