Sino US Comparative Study On The Legislation Of Personal Information Protection

Accept education, tourism, shopping, banking business, medical care, insurance, and so on, need to provide personal information first as a personal follow-up buying goods or enjoying services, by implication, most can give us opportunity to develop the premise to enjoy services are based on personal information exchanged. In the past, these activities are through face-to-face manual records, now with the popularity of Internet applications, instead is electronic office. Through computer can get valuable and meaningful information from massive, chaotic, difficult to understand the personal information in extraction of a specific subject, personal information of commercial value are being excavated, the behavior is also easy to encroach on the interests of the individual, the threat degree is difficult to estimate, at present, our country reality have confirmed this point. In the face of the harm caused by the misuse of personal information, China have no corresponding to perfect the legal protection for support, and so far, our country has not yet developed a specific personal information protection law, existing laws scattered distribution, lack of operability, characteristics of information subject protection efforts are weak. It not only seriously affects our country electronic commerce development, but also hindered our country in international trade in the cross-border flow of information. Personal information protection in the United States has a long history, while also facing a severe personal information risk, but the formation of the unique remarkable legislative mode. Therefore, this paper mainly adopts the method of comparative study, legislative system of personal information protection in China, the United States, asymmetric comparative study. This paper is divided into three parts:The first part: the paper mainly on foreign legislation of personal information protection concept, the attribute of the right and EU, American legislation mode, which have an important impact in the international range do probably introduced. Through the method of literature study, analysis dispute property of the main methods, the definition of foreign personal information concept, right of personal information and the different EU legislation mode and the legislative mode.The second part is the main body of this paper. America is one of the most influential countries in the world to protect personal information, also formed a unique protection mode and protection of philosophy, through the method of comparative study, analysis the experience and shortages of personal information protection in the United States, combined with the present stage of our country’s personal information protection legislation and domestic influential “ personal information expert suggestion draft ”, from related concepts, legislative mode, information on the subject of rights, supervision, legal responsibility and relief contrast were analyzed. The results show that China’s current legislation and proposed draft some thinking.The third part: through the second part and the comparative study, considering differences in the economic development, legislation background, cultural tradition and the existing situation of our country, how to the select and adapt, and provide our country personal information protection legislation of new ideas in the future.