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On the Civil Protection of Personal Information

Author: DuHuiHui
Tutor: LiangHuiXing
School: Shandong University
Course: Civil and Commercial Law
Keywords: Personal Information General Personal Rights The right to personal information Legal protection
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 416
Quote: 9
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Abstract

In the modern information society, the legal protection of personal information has become a very important legal issue. Personal information as an important social resource, and has a very high value in the rapid development of information technology, information transmission, processing and use of flexible, fast, and also more vulnerable to an infringement of the personal information. Misused personal information collected and used in bad faith, tampering and even disrupt personal quiet life, thereby endangering their lives, property, security risks has become increasingly prominent. Therefore, the collection of personal information, utilization and protection has become a new global legal issues, increasingly attracted much attention. A growing number of international organizations, countries and regions to be given high priority on the protection of personal information. According to statistics, by far, the world's developed a special personal information protection law countries and regions are already over 50. In China, until now, has not yet developed the a dedicated personal information protection law, the Personal Information Protection system overall is still relatively backward, which is not conducive to the protection of the basic rights of the individual citizens in China, is not conducive to China's economic and social development and international economic cooperation. Therefore, in our country to strengthen the protection of personal information without delay as soon as possible to develop the personal information protection system. In this context, the Chinese government has the protection of personal information included in the legislative plan, the State Council in 2005 to start the legislative process of the Personal Information Protection Act. \However, our study on the issue of the protection of personal information, is still in its infancy. Connotation and denotation of personal information in theoretical circles, the basic theoretical issues of the protection of personal information rights-based as well as personal information subject rights, there are still differences, lack of consistent understanding. Although the protection of personal information involves a number of areas, but the the information main personality interests personal information protected basis points. In view of this, the area of ??civil law, as the focus on the basic theory of the Personal Information Protection and some of the major issues discussed, and learn from abroad, particularly the United States, Germany, the analysis of the personal information protection mode, and to reflect on our personality rights system At the same time, thinking of Civil Protection of personal information, to the benefit of our personal information protection legislation. From the perspective of civil law, the integrated use of the concept of law, historical examination of the methods, the comparative approach, empirical analysis, discussion of the Civil Code of the Personal Information Protection and personality rights foundation of personal information protection discusses the concept of comparative law on personal information protection mode, specific personal information protection system, further argues that our personal information protection system and other issues. Text, in addition to the introduction, is divided into five parts. The first part is an overview of the personal information, clear definitions, characteristics and classification of personal information. The second part first expounded the necessity of the protection of personal information, and then as the representative of the United States and Germany discussed the protection of personal information rights foundation, which is one of the focus of this article. The third part discusses the personal right to information and to explore the nature of the right to personal information, the content and the right to exercise limited. Right of personal information, including information about the decision-making power, privilege, query rights, Right of Correction, sealed the right to delete the right, and the right to compensation requests. Part IV discusses the personal information the infringement identified and the corresponding Civil Liability focuses on the infringement of the principle of attribution of personal information and the constituent elements. The last part of the first on the basis of the text analysis of our personal information protection legislation Status briefly summarize, explore the mode of our personal information protection should be selected and put forward relevant legislative proposals.

On the Civil Protection of Personal Information

Abstract

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