| The personal information protection act,make up the blank of legislation of directly in the field of personal information protection,increases the design specification of personal information protection from the points of the past.Provisions of article 66 of the personal information protection system of administrative punishment,is a personal information protection in the administrative regulation,one of the important methods for related law enforcement activities.Intervention by government power for the characteristics of administrative regulation is an important means of public law protection,in the field of administrative law and regulations,to administrative regulation in time.In the personal information protection in the administrative supervision,as a means of afterwards regulation of administrative penalty system is extremely important.The personal information protection act of basic answered the macro issues in the field of personal information protection,also describes the basic personal information protection system of administrative punishment.Because of this,the article studies mainly focus on personal information protection regulation later sanctions and deterrent role of administrative punishment system,through the basic theory,follow what who punishment,punishment,punishment,how to punish logical approach,based on the relevant factors of personal information protection system of administrative punishment status review,try from the punishment scope of subject,object of punishment,punishment,punishment standard four aspects to clarify the system exists in the dilemma,In personal information protection administrative punishment system perfect Suggestions,in order to further promote the efficiency of the personal information protection administrative punishment system into full play,so as to realize the effective protection and rational utilization of personal information.Personal information protection administrative punishment subject state net letter department law enforcement resources deficiencies,fulfill their duties of personal information protection department functions divided not clear,and regulators are regulated under the double identity punishment subject neutrality deviation,etc.And in the system there,personal information processing of punishment as the object of specific point to the unknown,such problems as lack of constitutive requirements should be subject to administrative punishment behavior.Sanctions at the same time,setting and plot that excessive abstraction,discretion appear easily get out of control,and the system of heavy fines and wide applicable conditions.Therefore,this paper focuses on the personal information protection various plight of the existence of administrative punishment system,based on personal information protection system of administrative punishment for need of reality,problem oriented,revolves around the corresponding elements,consummation countermeasure of problem are put forward.First,strengthen the national network letter department law enforcement main body the allocation of resources,clear personal information protection departments responsibility division,and strengthen the personal information protection administrative punishment subject,personal information protection administrative punishment body strength to strengthen basic way;Second,personal information processing of punishment as the object of the specific point,accurate positioning of a state organ related personal information processing behavior of processing rules;At the same time establish components should be subject to administrative penalties,clarify the personal information protection administration punishment scope;Finally,refinement of punishment measure and standard plot,strictly limited personal information protection administrative penalty suitable condition,heavy fines specification punishment subject freedom,detailed personal information protection administrative punishment standard. |
