Research On Local Legislation Of Enterprise Data Protection

Enterprise data as a new concept,encapsulated all the materials generated and stored during the business process and manufacturing process,includes personnel and enterprise files,intellectual properties,patents,business confidence,documents and electrical records.The northeastern region of China is long-history industrial base,with a large number of state-owned enterprises.Due to historical reasons,many enterprise data is seriously lost.The loss of these data,severely damaged the efforts of these state owned enterprises' effort to transform into more modern,and more efficient modern cooperation.From this point of view,the institutionalized preservation of enterprise data become necessary.For the enterprise information,the occasional loss of work caused by mistakes,often cast the city can not save the historical loss and economic losses.Therefore,at this stage of China,especially the northeast old industrial base,there is an urgent need to establish a standardized and effective legal system through legislation and other institutional arrangements to clarify the legal status of corporate information and protect the enterprise information from infringement and loss.But at present,China's enterprise data protection system has not been sound,of which the reasons are many.The main reason is that the concept of corporate information is not defined in the existing law.This paper intends to expound the local legislation of enterprise data protection from the aspects of the existence of facts,the status and characteristics of protection,the characteristics of local legislation of data protection and so on.Draw lessons from the experience and lessons of foreign countries,combined with the actual situation of the northeast old industrial base,put forward the following solutions:a bottom-up solution path,first through the provincial legislation,the design of specialized laws,the establishment of specialized agencies,Establish long-term effective enterprise data protection mechanism.The full text is divided into five parts:The first part is the preface,discusses the practical influence and significance of the enterprise data protection,summarizes the current situation of the protection and management of the enterprise information in recent years,and expounds the practical significance of the enterprise data protection legislation through domestic and foreign comparison.The second part mainly elaborates the legal concept and orientation of the enterprise information.On the basis of the existing research,the author puts forward the legal positioning of the enterprise information,the legal concept and the legal nature of the enterprise data protection.The third part mainly elaborates the comparative research on the relevant legislation of data protection at home and abroad,and summarizes several modes of enterprise data protection:European model,American model and Japanese model.The European model advocates more centralized management,a national enterprise archives association,and is governed by state management of bankruptcy and valuable historical information with a long history.The US model advocates decentralization and social management,corporate information is seen as part of corporate assets,with the characteristics of social management and privatization.The Japanese model is a mixture of centralized and decentralized management.The fourth part mainly demonstrates the necessity of legislation of local enterprise data protection law,especially the necessity of local legislation of northeast old industrial base.Through the analysis of the actual situation of the northeast old industrial base,the author points out the three aspects of the necessity:the enterprise data protection legislation is the need of the reform of the state-owned enterprises in Northeast China,the need to protect the state-owned assets to revive the state-owned assets,The need for business soft environment in Northeast China.The fifth part mainly elaborates and analyzes the status quo of the enterprise information in our country,and explains the legislative route,and provides the protection of the enterprise data according to the local conditions,starting from the lower law-the local legislation level.When the time is ripe,and then through the administrative laws and regulations to solve the problem.The sixth part mainly elaborates the institutional design of enterprise data protection legislation.Including on the basis of drawing on advanced foreign experience,put forward legislative proposals,from the legislative principles,clear the main body of responsibility,the establishment of specialized agencies and supervision and accountability to carry out several aspects to build.