| In the information age,the protection of personal information has become a hot topic worldwide.Different countries and regions have formed different personal information protection models due to their different historical backgrounds,cultural concepts and social development status.Niklas Luhmann's Sociology of law theory reveals the creation and operation principle of legal system: the dependence and appropriateness of law on social environment,virtual consensus as the basic condition of joint action,and legal system with self referential mechanism.These principles provide help to understand how personal information protection system is created and developed in different social situations.In today's world,two kinds of personal information protection modes,the United States and the European Union,are the most typical and influential.The personal information protection mode in the United States takes freedom as the core,adopts the strategy of decentralized legislation and flexible protection,and pays special attention to the role of industry self-discipline;the European Union mode starts from the respect of human beings,implements unified legislation and strict supervision.Each of the two models has its own advantages and also faces difficulties.However,both the American model and the EU model take the pursuit of individual peace and the maintenance of private rights as the core value orientation,emphasizing the separation of private domain and public domain.In contrast,in China,individuals and collectives have never been binary oppositions,which has created a hidden culture of group orientation in ancient China and the concept of personal information protection that values collectives and profits.Today,the international and domestic situation has undergone tremendous changes,and national security is facing many risk factors.The problem of personal information in China has also become " securitization ",and it has been incorporated into national security procedures to deal with it.In April 2014,Xi Jinping,the General Secretary of the CPC Central Committee,put forward clear requirements for the construction of an overall national security concept,provided a guide for action to shape and maintain national security in contemporary China,and injected new ideas into the protection of personal information in China: with national security as the basic premise and overall framework,people's interests as the fundamental goal,and social development as the core guide,the secure and orderly flow of personal information is achieved.This concept reflects the values of unity between the individual and the country,security and development,and effectively relieves the two contradictions existing in the traditional personal information protection concept.Under the guidance of the overall national security concept,China's personal information protection work has distinctive characteristics of the times and Chinese characteristics.Legislatively,the National Security Law and the Cyber Security Law are under the leadership of the overall layout,and a multi-field security system is established in various fields.,And set restrictions on the right of personal information under the principle of security.The specific practical work has been carried out from the three levels of physical security at the basic layer,data security at the subject layer,and content security at the content layer,and has achieved certain results.At the same time,it is undeniable that China's personal information protection work also has certain shortcomings: including improper power-to-responsibility ratios,emphasis on obligations and light rights;inconsistent protection frameworks,and less norms of administrative subject responsibilities;decentralized regulatory law enforcement bodies,lack of practical and long-term effectiveness.In response to these problems,we need to further optimize the personal information protection concept and overall framework,especially to strengthen personal information protection in the administrative field. |
PDF Full Text Request