Research On Legal Protection Of Personal Data

Today,the collection,use and disclosure of personal data has attracted a lot of attention.Especially under the background of widespread popularity of computer and network technology,the voice that personal data needs to protect is more resolute.China’s personal data protection laws still have many shortcomings.I hope that through the research and analysis of this paper,we can provide some useful references for related legislation and research.The first part is the introduction,which mainly introduces the background of this topic,the significance of this study,the research status quo at home and abroad,and the research methods.The second part mainly studies the general theory of personal data.The protection of personal data must first define personal data and define the concept,characteristics and classification of personal data.Then,it clarifies the difference between the concept of personal information and privacy,which is often mixed with personal data,and personal data.Finally,the scope of personal data is defined.The data of natural persons are of course in the category of personal data protection.However,the data of the legal person and other organizations and whether the data of the deceased are personal data are controversial.The author responds to the relevant legislation at home and abroad,and the civil law theory.The third part summarizes the main problems of personal data protection in real life.One is that the enterprise uses continuous development technology to collect personal data illegally with uninformed personal information,and the other is that the government’s excessive collection of personal data may lead to personal data leakage and public power excessive interference in private life,and the third is that the use of personal data often seems to be funny and may actually hide.The injustice of discrimination and the distribution of resources.The fourth part analyzes the current situation and deficiency of legislation in China.Although there are many relevant legislation in China,it is often not well applied in real life.The reason is that some legislative levels are low,the concept of personal data and scope of protection are unclear,and the protection of personal privacy is overlapped.The legal and illegal consequences of personal data processing and circulation are not clearly defined.The relevant systems of personal data protection need to be further improved.The fourth part compares the legislative basis and mode of the United States,European Union,Germany and other countries,and draws some useful enlightenments for China’s related legislation.In the fifth part,the author puts forward some suggestions for improving the legislation of personal data protection in China.In order to protect personal data,it is necessary to use constitutional protection to improve the importance of protection.Under the personality right system of the civil law,it stipulates the dual protection of personal rights and interests of personal data,property rights and interests,and restricts the collection and use of public power to personal data in the administrative law,so that the data subject is invaded in its personal data.There is a law for harm.