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Research on Issues Regarding the Protection of the Right of the Personal Information Owner under Government Administration
Author: ZhouHongCheng
Tutor: PanShiQin
School: Jiangxi Normal University
Course: Constitutional and Administrative Law
Keywords: personal information protection of personal information administrative relief
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 133
Quote: 1
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Abstract
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The human society is now in the age of information and informatization has made our lives a lot easier, but there’s also a fear of becoming a transparent person. Cases in which the right of the owner of personal information is fringed have been frequently exposed, and more seriously, the owners couldn’t protect their rights. As government agencies are the main body collecting personal information and they represent public rights, this thesis aims at the legal issues regarding the protection of the right of the personal information owner under government administration. It consists of three parts: foreword, body and conclusion; and the body consists of four chapters. Firstly, it argues that the right of the owner of personal information is one of the basic rights of citizens, with an analysis on the definition and nature of personal information. Secondly, it probes into the current situation of personal information protection under government administration and analyzes the factors contributing to the situation. It studies the personal information protection system of the United States and the European Union, and suggests solutions to the defection of the current system in China, based on the reality of China, i.e. legislation for personal information protection, improvement to the execution of protection and application of the administrative law and mechanism of relief.The main conclusions are: personal information have both personality interests and property interests. The law protect personal information by protecting personality right ; legislation protecting the right of the owner of personal information should be introduced as soon as possible; the government activities handling personal information should be brought under the administrative law, with the basic principles and relief measures of the administrative law, protects personal information.The unique features of the thesis include: it argues that government agencies are the major threat to the protection of personal information; it suggests that the relief measures under administrative law can temporarily protect personal information with the absence of relevant legislation; when designing the system, proper exploitation of personal information must be considered, and the system of personal information protection and the system of government’s publication of information should be effectively connected.
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CLC: > Political, legal > Legal > Chinese law > Administrative law
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