Study On The Legal Protection Of Personal Information In Our Country

There is no doubt that the human society has entered the information age. As the carrier of the information age, network contains millions of information. Personal information is extremely important social resources and has become the competitive object between person, corporate and government. With the enhance of the personal information's status in the information age and the popularity and depth of the concept about the use of information, the method of collected and classified information by automated equipment can not longer meet the people's requirements. The information which was collected and arranged with this approach has big risk in each process. Because the information may be misused, even maliciously, it may take some potential danger to individual's legitimate rights in some unknown case. At present, the major developed countries and more advanced regions had specific legislation about the protection of personal information. Nevertheless, the legal protection of personal information in this area belong to the emerging field of research, it has inevitable differences. It mainly embodied in some areas such as the definition of personal information, the scope of protection and the choice of model legislation .Legal Protection and theoretical study of the legislation on personal information has become a hot topic in today's world and its areas extends from civil law to Constitutions, administrative law, even intellectual property law. In order to promote the interests of the main character of personal information realized, our government put the problems of personal information's protection into the legislative plan of the research fields. In the trend of impulse, defining the scientific meaning of personal information, determining the scope of its protection and studying on the subject of personal information thoroughly have positively practical significance and referenced value in China's future legislation.In this paper, based on the definition of personal information and the relevant international legislation of protect personal information, the author analyzed the legal status of personal information protection in our country. At the same time, the author reference to a number of research results and material(to quote the details of the Notes), the author believe that our country shall as soon as establish a regular legal system to protect personal information. This is the establishment of a social credit system in China to promote the health of the Internet and e-commerce development, protection of citizens, human rights, the protection of China's international trade and investment, the smooth development of Chinese information technology to improve the legal system and so has very great significance.There are four chapters in this thesis:In Chapterâ… "The definition of personal information, classification and its connotations", the author defines personal information as any piece of information that can, directly or indirectly and unrelated to the public interest, be used to identify a natural person. A variety of different combinations of symbols can be an expression of personal information, in some cases can also be a dynamic form. However, personal information can be of different categories in accordance with different standards. In this paper, the basic classification of personal information has a direct and indirect personal information, sensitive personal information and details of personal information, the specific content of all kinds of personal information. On the basis of the above, the author put forward its own classification criteria. Depending on whether personal information is related to human dignity, personal information is divided into two kind of information. One is the personal information which is directly related to human dignity, another is the personal information which is not directly related to human dignity.Chapterâ…¡"The theory based on personal information protection system" consists of two sections: (i) the principle of the protection of personal information is articles in accordance with OECD guidelines for detailed personal information to protect the eight basic principles .; (ii) the concern for personal information should be given to the protection of their rights. The author believes that should be based on different types of personal information to determine the value or function;Chapterâ…¢"The Current Protection of Personal Information and Its Analysis" is divided into five sections as "EU Legislations", "US Legislations", "JAP Legislations", and "The Analysis of Current Legislation". And with the current legislative status of the comparison, combined with the condition of our country abroad, summed up the relevant legislation of the draw, and pointed out that the protection of personal information of our model should be how to choose.The last chapter "China's legal system to protect personal information in Outlook" is the focus of this article and innovation. First of all, the author points out that the current status about protection of personal information and deficiencies. Then the author focuses on the future of our Personal Information Protection Act legislation ideology, basic methods and ideas. Finally, the author puts forward a final tort law through the improvement of the main body of information to provide comprehensive protection of the legitimate rights and interests.