Research On The Personal Information Security Obligation Of The Processor

With the deep integration of information technology and social and economic development,the collection and use of personal information has become normal,and personal information security risks are also increasing.Personal information processors are at a key position in the entire circulation of personal information,and setting personal information security obligations for personal information processors is beneficial to protecting personal information security from the source.Compared with the European Union,the United States,Japan and South Korea,the protection of personal information in our country started relatively late.The current legal provisions have more general provisions on personal information security obligations,which has brought many inconveniences to judicial practice.Comparing and analyzing the provisions on personal information security protection obligations of personal information processors in foreign legislation,and learning from its excellent legislative experience,is of great significance for improving the personal information security protection obligations of the processors in China.In addition to the introduction of Chapter 1,there are five chapters:Chapter 2 outlines the personal information security obligations of personal information processors.First,it defines the concept of personal information processor,and introduces why the processor’s personal information security protection obligation is proposed;Secondly,it analyzes the legitimacy of the processor’s obligation to protect personal information;Finally,it clarifies the relationship between the processor and other subjects.The difference in personal information security guarantee obligations.Chapter 3 analyzes the connotation of the processor’s personal information security obligations.Clarify the nature,elements,and types of the processor’s personal information security obligations and the legal responsibilities that need to be assumed for violating personal information security obligations.Chapter 4 analyzes the status quo of the personal information security protection obligations of the processors in China.Including legislative status,judicial status and some practical issues.In the legislative status quo part,it analyzes from two aspects of private law and public law;In the judicial status quo part,it summarizes from the three areas of civil,administrative and criminal;Finally,summarize the current problems in China in terms of the personal information security guarantee obligations of the processors.Chapter 5 compares and analyzes the personal information security protection obligations of the processors in extraterritorial legislation.List and analyze the relevant laws and regulations of the European Union,the United States,Japan,and South Korea,and on this basis,find excellent legislative experience for reference.Chapter 6 proposes suggestions to improve the personal information security obligations of the processors in China.First,further clarify the basic concept of the processors;Secondly,set up a special personal information supervision agency;Furthermore,set up personal information security obligations for the processors by classification;Finally,improve the legal responsibility of the processors for breaching personal information security obligations.