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On The Administrative Law Protection Of Personal Information

Posted on:2021-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhaoFull Text:PDF
GTID:2516306095992259Subject:Legal theory
Abstract/Summary:PDF Full Text Request
personal information,but in practice,personal information is facing the infringement of the administrative subject in t With the continuous development of information technology and e-government,the administrative subject has become the largest collector,processor and user of he collection,disclosure,utilization and storage.Therefore,it is necessary to explore the protection of personal information by administrative law from the perspective of the infringement of personal information by administrative subjects,in order to regulate administrative power,protect the rights of information subjects and promote the free circulation and sharing of information.This paper consists of five parts.The first part is to clarify the meaning and legal attribute of personal information.Personal information refers to the information that can reflect the characteristics of natural person and can identify the identity of specific natural person alone or in combination with other information.It has the characteristics of recognizability,subject specificity,timeliness and universality.Around "personal information",there are many similar concepts in the daily use and related research literature,among which the more common ones are personal privacy,personal data,etc.personal information has a certain connection with personal privacy,personal data,but there are also obvious differences.Personal information has the legal attribute of personality right,and the protection of personal information is also the proper meaning of the protection of the personal rights and interests of specific subjects.The second part,in practice,personal information in the collection,open,use and storage of various links are facing the infringement of the administrative subject.There are four main reasons for the infringement,that is,the lack of unified legislation for personal information protection,the lack of effective connection between personal information protection and government information disclosure,the lack of supervision measures for administrative subjects to infringe personal information,and the lack of smooth relief channels for personal information infringement.The third part is to strengthen the protection of personal information in administrative law,which is conducive to the regulation of administrative power,the protection of the rights of information subjects,and the promotion of the free flow and development ofinformation.In the fourth part,the legislative model,supervision and relief measures of personal information protection in EU,USA and Japan are investigated,and some useful experiences are drawn from them.In the fifth part,to strengthen the protection of personal information administrative law in China,we should issue a unified personal information protection law as soon as possible,build an effective linkage mechanism between personal information protection and government information disclosure,and strengthen personal information protection The administrative supervision of nursing,unblock the relief way of personal information being infringed.
Keywords/Search Tags:personal information, supervision system, government information disclosure, administrative relief, protectio
PDF Full Text Request
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