Our Personal Information Protection Legislation Status And Perfect

With the development of modern technology, protection in law? personal information becomes a global theme, which relates many subjects. By now, the academic societies have mostly explained and analyzed it in view of aspect of civil law. However, examples of illegal collecting and treating personal information by government-related organization, and administrative decisions relating cival rights based on incorrect personal information are often met in real life. Meanwhile, law in this aspect is not enough and systemic. It is narrow in protection range and lack of united executive mechanism and structure. So it is necessary to build up the law of personal information protection, so that cival information rights can be protected by adminstration law. This article mainly studies the protection of personal information from the perspective of adminstration law.on the basis of examination of the social background of the rising of personal information, the article have studied the basic theories such as the definition and systemic contents protection law of the personal information, it discussed the basic principles of civil infortion protection, which contains principles of equal protection of information, interest balance, and safety of information. The principle of equality in personal information is the start of information protection, principle of interest balance is the central one, which further divided to two parts, balancing principle which coordinates the public and the private interests, and rights-coordinating-principle which deals the conflict among the private interests. German personal material protection law adopts the model of united legislate, America selects the divided model, and Japan is the earlier country that made the law of personal information in Asia. This article examined the defect of our present private information protect-system attentively, then analysised the necessary and the feasibility of building personal information right. It is proposed that we should select synthetical legislate model. It also discussed the joining problem between the law of personal information protection and the law of government's public information. Then it gives some initial approaches of the establishment of our personal information law. Lastly, it clearly made the ways and means of saving, which contains administrative reconsideration, lawsuit, and reparations, which are the saving means of law of adminstrate infringing rights after the event, and also can give the best protection of private information. Administrative reconsideration is not only the means of right saving, but also has the function of control considered by government.Our protect system of personal infortion cannot only concentrate on the legislate, it is necessary to adjust and change the correspond socal-thinking and environment of law. On one hand, we should provide a perfect systems of disclosure information, the permission of personal information dealing and the saving of personal information damaging. On the other hand, we can build up our adminstrate control system of personal information protection, clarify the responsibility of government's controlling and management, establish the supervisory of profession self-disciplined and perfect the joining of public civil, which makes many main parts of controlling run harmoniously and jointly. All of these could provide good development soil of our personal information system.