The Study On The Legal Protection For Security Of Personal Information On Internet

With the development of internet technology, security of personal information on linehas became the front of personal information protection. But in China, it is difficult to provideeffective protection and remediation for personal information due to the lack of particularlegal protection system. In the aim to relieve public anxiety, the legal authority should make aquick response and provide related legal support for internet individual privacy. Based on thesituation of Chinese individual privacy protection and refer to academic study as well as othernational legislations, this paper proposes several instructive suggestions on the establishmentof legal protection system for individual privacy on internet. In addition to the introductionand conclusion, there are five sections.The first section is an overview on what is personal information. First of all, the authorcomparatively demonstrates the rationality of an opinion that "recognition" should be the coreelement of personal information. On this foundation, the author analyzes the reasonablenessand unreasonableness of three theories on the nature of personal information respectively andconcludes that the nature of personal information is personality rights.The second section focuses on the rights of personal information on internet. The authorbegins with summarizing people’s specific rights on their personal information, and analyzeschallenges they have confronted. After that, the author lists three situations in which people’srights on their information should be constrained, from the point of view of protecting theirpublic interest and right to know.The third section discusses the specific behavior that infringe personal information. Dueto the openness and high technique of network, the way to harm personal information havegot updated as well. In this section, the author summarizes the features of these behaviors atfirst, and on this basis, makes a detailed exposition of specific infringement which happensduring information collection and disposal.The fourth section concentrates on other national legislations, Stones from other hillsmay serve to polish the jade. Other national legislations on security of personal informationon line make an example and offer valuable experiences for our countryThe fifth section discusses how to protect the security of personal information on internetin China. In this section, the author organizes and lists all the existing laws of China concerning protecting personal information on line, and points out that, the reason why it isdifficult to provide effective protection and remediation for personal information on internetin our country is that we haven’t established particular legal protection system for personalinformation and the self-regulation of industry lacks enforcement. In the aim to solveproblems mentioned above and based on other national legislations, the author proposes threesuggestions for security of personal information on line: to make personal information lawand particular regulation for internet and to enhance the enforcement of self-regulation.