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The Research on Personal Information Protection

Author: QinJie
Tutor: SunChangXing
School: University of Science and Technology of China
Course: Civil and Commercial Law
Keywords: personal information law of personal information protection basic principles of information protection circulation of information
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 367
Quote: 4
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Abstract


Personal information refers to a type of information such as person’s name, birth date, nationality, personal beliefs, human characteristics, hobbies, special skills, contacts, home address, personal health, learning, jobs, personal property and personal crimes et al., using one or more of which can confirm a specific natural person. From the very beginning of human society. people have collected personal information, processed it, used it or transferred it. With the rapid development of science and technology, especially the application and promotion of information technology from the sixties of last century, personal information controlled by government agencies or non-governmental agencies have been widely batch processed automatically so that people got into a panic of the misuse of personal information. In order to protect the safety of personal information and eliminate people’s fears, many governments and international social organizations have drafted and legislated personal information protection law. According to incomplete statistics, there have been as many as 50 countries and regions which have legislated personal information protection law till now.As the backwardness of economic, science and technology, there has been no attention to the protection of personal information for a long time in China. So far, Chinese government has carried out no specific legislation to protect personal information. Since the reform and opening up, our society has made much progress in all aspects. However, with the advent of the Information Age, there have been many illegal acts on personal information such as illegal collection, malicious use, tampering and leakage, and these illegal acts not only affect people’s normal life, but also undermine the social stability order. Compared with the last century, people’s awareness of their rights and legal concepts has increased significantly. So the community has called on the government to legislate personal information protection law as soon as possible.This thesis contains five chapters. Chapter 1 introduces the research background, related work of domestic and foreign research literature, research methods, ideas, structure and contents of the thesis. Chapter 2 gives the definition, characteristics and classification of personal information, and explains exactly what the connotation of personal information is in the personal information protection law based on the comparison of different definitions of personal information. Then it discusses the characteristics and classification of personal information. Chapter 3 surveys the legislation status of personal information protection in other countries, and makes a profile and evaluation of personal information protection legislation in major international organizations, the typical states as well as Hong Kong and Taiwan region. Based on the analysis of the personal information protection according with China’s existing laws, the characteristics of the status quo of China’s personal information protection are summarized in Chapter 4. The last chapter presents the conception of China’s legal institutions to protect personal information, and concludes this thesis with the recommendations and views on the guiding ideology, legislative model, scope of application, basic principles of information, rights of information subjects, Supervisory authority and cross-border flow of information during the legislation of personal information protection law in China. At last, we draw the conclusion, point out the insufficiency of the research, and indicate the perspectives.

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CLC: > Political, legal > Legal > Chinese law > China and France
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