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The Legal Protection of Personal Information

Author: ZhuWeiLun
Tutor: QiHaiBin
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Personal Information Personal Information Rights Legislative model Legal remedies
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 54
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Abstract

Into the information society, people's way of life has undergone major changes. Many in the past because of the exchange of information is not smooth without concern for the world's personal information problems, along with the popularization of technology, more and more frequently in the public field of vision. Relative legislation concerning the protection of personal information gaps, lack of theoretical support for the personal information was compromised define the responsibilities and commitment has been no uniform standard, the main cause of personal information from misuse of personal information can not be sought after the normal use of remedies, which At present, China is also the urgent need to solve a legislative problem. In view of this, the paper of personal information related issues were discussed, the use of law hermeneutic method, empirical research methods, comparative analysis, combined with civil law-related content, the issue of a comprehensive in-depth exposition and analysis of the future China's development of \Text is divided into four parts: First, from the basic issues of personal information to clarify start the basic concepts of personal information and legal characteristics to elaborate. Focuses on analysis of personal information rights of nature and content of the rights that the infringement of the right of personal information is a violation of personality rights, shall constitute infringement liability, combined with case studies of personal information rights violations against the way. Part of this is the focus of this article. The protection of rights explicitly on the premise that the nature of rights and content. Tort Liability of personal information, because in the past the concept of personal information rights of their own, personal information and privacy rights, personality rights fuzzy understanding of concepts, in judicial practice only through privacy, defamation of personal information rights of indirect protection. However, by our current right of privacy, defamation provisions does not properly handle a large number of violations of personal information. The right of personal information must be clear, will be protected as a concrete personality. The second part of the legislative situation at home and abroad, to protect personal information against foreign main legislative models were fully introduced, focusing on China's current lack of legislation were discussed, which is the purpose of this paper lies. The third part of the protection of personal information in our future legislative mode selection and content of the legislation put forward some ideas and recommendations, including legislative model based on the development of general law, enacted a special law, supplemented by specific areas, industry self-regulate to supplement, focusing through Tort liability for relief, for the rational use of special areas of personal information and restrictions conception, that part is innovation of this paper.

The Legal Protection of Personal Information

Abstract

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