China’s Legal Protection Of Personal Information

Early in 2005, the draft of "personal information protection law" has beencompleted by the relevant ministries formulated, but it’s still not implementing intothe formal legislative procedure. Our country citizen’s personal information protectionis in suspension state, lacking of effective legal protection. 2012, CCTV"315" partyrepotted two messages, one is China Merchants Bank, Industrial and CommercialBank, Agricultural Bank employees leaked to sell personal information; the second isChina Telecom as junk messages sent to facilitate. In 2009,the Zhou jianping case wasthe criminal law amendment ( seven) after the introduction of application of thecriminal law protection of personal information in a representative case, reflecting thecurrent our country civil legal protection of personal information deficiencies, thesecases caused the society from all walks of life to the protection of personalinformation of hot. Our personal information leakage and abuse situation is dangerous;we can’t ignore the protection of personal information in law. The selection of thepersonal information protection process of several typical cases, make analysis of thecase reveals the reality of problems that the case and the theory unifies, focusesthrough the case study of China’s personal information protection legislation incurrent situation, puts forward to the protection of personal information advice.Based on the practical case, empirical analysis, by the case of controversial pointselicit personal information protection theory discussion; the paper is divided into threeparts to discuss the protection of personal information. The first chapter has five casesincluding Zhou jianping case. In Zhou jianping illegally acquiring personalinformation case, the author summarizes these cases to reflect the common issues oflaw. The second chapter lists make a analysis of our country citizen individualinformation legal protection problems at present, mainly including the protection ofpersonal information of the object is not clear, applicable laws and regulations are imperfect, pertinence and operability is weak, lacking of the correspondingconstrained standards. The third chapter puts forward some personal informationprotection recommendations proposed by this case; there is the sublimation on thisfoundation, more comprehension for the personal information protection of legalproblems. In order to accelerate legislation research to focus on content, the authorputs forward to some suggestions, selects the dispersed legislation mode and on thisbasis from different sectors to establish personal information protection specializedagencies, personal information supervision, while paying attention to the civilcompensation mechanism, perfecting the relief system of personal informationprotection. Overall, the author hopes this paper promote China’s personal informationprotection maturity.