On The Protection Of Personal Information By Administrative Law

The information age brings convenience to people's production and life,but also brings great challenges to the protection of personal information.Xu Yuyu,a Shandong girl,died because she was deceived of her personal information.After registering for any examination,relevant training institutions could immediately grasp the relevant information.Advertisements and other publicity materials came in succession.Information such as identity cards and telephone has become transparent.In real life,the issue of citizens' personal information disclosure is not uncommon.The legal protection of personal information has obviously become a comprehensive legal issue.In the field of private law,attention has been paid to the infringement of personal information by private subjects.Crimes of infringing personal information have also been added to the criminal law.In order to promote scientific management,the government inevitably needs to obtain a large number of personal information of citizens.However,in practice,there are situations in which administrative organs leak personal information,and the awareness of protecting the rights of information subjects is weak,which leads to the current situation of personal information protection.Grim.While enjoying the convenience of collecting personal information through the Internet,administrative organs also bring about problems such as loss and leakage of citizen information.Because of the particularity of the main body of the administrative organs and the requirements of the current responsible government,we need to strengthen the protection of personal information by administrative law.The author thinks that there are still some problems in the protection of personal information in China as follows: first,there is no relevant legislation to restrict the administrative organs from the perspective of the administrative organs.After the administrative organs infringe on personal information,it is difficult for the administrative organs to pursue their responsibilities.Secondly,although China has stipulated two ways to relieve personal information,the specific relief procedures are still not perfect.Finally,China has not yet established a special personal information management and protection agency.If we want to solve all kinds of problems of personal information protection,we should further analyze the related problems of personal information protection in China from three aspects:supervision department,legal system and relief methods.There are five parts in this paper except the conclusion.The first part is the introduction,which includes three aspects.The author first elaborates the background and significance of this topic,then discusses the current research situation at home and abroad,discusses the main controversial focus of this article,and finally puts forward two innovative points.On the one hand,through the legislative characteristics of advanced legislative countries in the protection of personal information,as well as decentralized legislation and unified legislation,the author analyses the supervision mode of personal information protection in China.On the other hand,it explores the protection of personal information and the improvement of the protection system of personal information administrative law from the perspective of administrative law,through the establishment and improvement of relevant laws and systems,and the improvement of relief system to protect the rights and interests of personal information.The second part starts with the theoretical concept,characteristics and rights of personal information,and analyses the significance of protecting personal information,such as promoting information sharing and free circulation,and promoting government information.The third part summarizes the problems existing in the collection,processing and utilization of personal information in practice,and combines the protection of personal information with a series of provisions of the Constitution,Civil Law and Administrative Law of China.For example,our legislative work is insufficient at present,and the supervision work in this respect is not as good as others.Meaning and related relief measures are not perfect enough.The fourth part begins with the legislative evolution of the protection of personal information in the administrative laws of the United States,Germany and Japan and the legislative models of the three countries.It analyses the characteristics of the protection of personal information,then studies the protection of personal information in the three countries.Finally,it inspects the protection system of personal information and absorbs its feasible enlightenment.The fifth part is to put forward some suggestions to improve the protection of personal information management law in China.Firstly,it analyses the two aspects of the constitutionalbasis and basic principles of the Personal Information Protection Law,and puts forward the formulation of the Personal Information Protection Law of our country;secondly,it proposes to establish a special protection mechanism for personal information management,to standardize the rights and obligations of government information management departments;and finally,we can build a clear understanding of the rights and obligations of the relevant subjects of personal information.Establish corresponding personal information management institutions and clarify what supervisory powers they have.Finally,put forward to improve the relevant system of protecting personal information management law.Including: improve the information disclosure system;improve the relief system of personal information infringement;and propose to strengthen the supervision system of personal information use.