Research On Administrative Law Protection Of Personal Information

Under the background of Big Data era,along with the continuous progress of information technology and the rapid development of e-government construction,administrative subject has become the largest collection,processing and utilization of personal information.The protection of personal information in the field of administrative law has a realistic dilemma,which is faced with the threat and infringement of the administrative subject in various links such as collection,storage,disclosure and use.From the analysis of the current legislation and law enforcement level,we know that the "four deficiencies",that is,the lack of systematic administrative law norms at the legislative level,the lack of uniform norms on the principle of compliance with the information processing behavior of administrative subjects,The lack of a clear definition of the scope of personal information protection in the field of administrative law and the lack of regulatory mechanisms for the information processing behavior of administrative subjects at the law enforcement level are the main reasons for this realistic dilemma.Therefore,if our country wants to deal with and solve this realistic dilemma,it should mainly proceed from the two angles of perfecting the legislation and constructing the corresponding supervision mechanism.Through the comparative analysis of the legislative model of personal information,the model of "Integration and division" is obviously more favorable to solve the problem of fragmentation and dispersion of relevant administrative legislation in China,so we can draw on Japan's successful experience,but based on China's national conditions,we should adopt the legislative model of "first system and then Division".In particular,first formulated a unified "personal information Protection Law",the administrative subject and civil subject sub-chapter provisions to distinguish protection,focus on the regulation of public power behavior,including the administrativesubject information processing behavior should abide by the principle of uniform norms,the scope of China's personal information in the field of administrative law to clearly define,When the time is ripe,the information processing behavior of the administrative subject is legislated separately.At the same time,the construction of the dynamic supervision mechanism of administrative subject information processing behavior and the improvement of the corresponding relief mechanism,so that China's personal information administrative law protection of the specific system can be improved.