Research On Claim For Personal Information Protection

Claim for personal information protection, which refers to positive claims for excluding the unlawful infringement by country and other citizens, and negative claims forcontrolling and handling personal information in the course of various processes likecollecting、storing、processing and passing,whose subjects are citizens themselves forinformation processors including official and unofficial organization. As two modes represented by information privacy and the right to information self-determination, it hasbeen established in countries like Germany and United States both theoratically and practically. Only by comparsion can we find out the existing problems. Compared withthe following countries, China has greatly fallen behind and have got emergency to catch up with them. For this reason, this essay has suggested that relevant systems should be established combined with China’s national condition.The essay is composed of five parts, for the first part, which has primarily researched into the origin of information privacy and right to information self-determination,and then comparing each other to get clear the development choroid for system of personal information protection.The second part has analyzed and illustrated the conception、right nature and right constituent element in terms of claim for personal information protection. And thenproving its right nature featuring general personality right as main nature with property right as additional, finally carrying on a deep penetration on it from three perspectives like object、subject and content.The third part has made a introduction on the system、practice and innovation inforeign countries in the aspect of legislative mode, security and supervision system and right relief in public law for the purpose of providing the remarkable reference andexperience for China’s establishment in the system of personal information rights in the coming years.The fourth part has researched into the condition presently for China’s personal information protection from two aspects of both doctrinally and practically, which is marked by non-unification of points and lax system featuring independent separate law, th us the conclusion is drawn that currently China has fallen behind the current tendercyof foreign countries in the field of personal information protection.The fifth part firstly has come to the conclusion after a deep penetration on theconnotation of relevant conceptions, finally establishing the path and configuration forChina’s personal information protection on the premise of combination of China’s current national condition and improvement of certain administrative law system.