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The Administrative Agency Collects The Legal Regulation Of Citizens' Personal Information

Posted on:2019-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiFull Text:PDF
GTID:2356330548455589Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
With the deepening of the level of social information,the security of personal information will inevitably face greater challenges.This shows that the advancement of modern science and technology has brought about not only the change of social life,but also it has continuously raised more difficulties for related legal systems and their adaptability.On the basis of the gradual establishment of government big data,the collection of personal information of citizens by the executive authorities as a public authority has already existed in various aspects,which provides a basis for making legitimate and reasonable administrative actions.However,under the circumstances that the collection of administrative agencies has increased and the scope of collection has continued to expand,the legal protection of citizens’ personal information has been unsatisfactory,and the issue of violations of citizens’ personal information by the executive authorities has not been effectively resolved.However,administrative agencies collect the preconditions for handling and utilizing citizens’ personal information as administrative agencies,and how to conduct legal regulation in the process of collecting personal information is a question worthy of study.The current research on the protection of personal information in China starts with the perspective of civil law.Most of the legislation also emphasizes the regulation of private entities that collect and handle information and other information.The latest "Criminal Law Amendment(9)" has further improved the punishment of individual infringement of citizens’ personal information security.Relatively speaking,however,the research on protection in the field of administrative law has not been given sufficient attention.In particular,there are not many studies on the stages of collecting personal information by administrative agencies and how to solve problems.In this paper,through the analysis of the existing theoretical research and relevant legislation,the definition and classification of personal information are introduced.It is believed that “identity” should be used as the standard for defining the connotation of personal information and used as the basis for the classification.Analyze the legal theory of personal information,and attribute it to the category of personality rights.Analyze the relevant laws and regulations that exist today,and summarize the requirements,methods,and new eras of the collection of personal information by administrative agencies.Characteristics,from the perspective of practical issues,summarizes the problems existing in the protection of personal information by administrative agencies when collecting personal information,as well as the essence of the problem and the reasons for its existence.At the same time,it draws lessons from the extraterritorial relevant legislation model and learns how to solve the conflict between the collection of personal information and the protection of personal information when the collection and personal information is processed and used by the administrative authorities.It is recommended that administrative agencies collect personal information and perform subsequent processing,use,and transmission.Such acts include effective legal regulation,clear principles,formulating specific rules for operation,and improving the relief mechanism.Based on this,it puts forward some suggestions for the improvement of the specific legal regulations for the collection of citizens’ personal information by the administrative agencies in China.
Keywords/Search Tags:administrative agency, Collection of personal information, conflicts of interest, legal regulations
PDF Full Text Request
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