중국의 인터넷 개인 정보 보호에 대한 법제 (Legal Study on Protection of Personal information onInternet in China)

서지정보

· 발행기관 : 한양대학교 법학연구소
· 수록지 정보 : 법학논총 / 31권 / 1호 / 267 ~ 284페이지
· 저자명 : 조효서

초록

A famous line has been frequently cited, “on the Internet nobody knows you’re a dog”, which was first published in 1993 on an issue of New Yorker aside a cartoon. This line points out the anonymity of virtue society created by internet. However, with the astonishing speed of technology development especially innovations in search engines, such line is not so true anymore. In today’s Internet, it is fully possible for people to find out you’re a dog or not. Internet of today is challenging the traditions in logistical systems and thoughts.
Personal information is critical to human dignity and freedom in personality. Nowadays it has been a worldwide trend to protect personal information on Internet by laws, including in China. In this report, firstly, a survey is conducted on the current status of protection laws on personal information in China; then, by focusing on the "decisions on the reinforcement in protections of network information" by National People’s Congress (NPC), combined with the Chinese law on tort liability, identifications of tort liability in personal information protection in Internet are addressed, e.g., the principles and key factors in accountability, and detailed analyses in different types of accountability lastly, by referring to experiences in national and international legislations, the key tasks for China are clarified. Such tasks include: to justify the studies on violations of personal information on Internet, to the level of studies on facts in crimes; to change the current legislations which use privacy to cover the concept of personal information; to separate rights on personal information from rights on privacy. This study also gives out perspectives on legislative trends in protections of personal information in China, in hope of publishing a comprehensive, rigorous and advanced protective law on Internet personal information.

영어초록

A famous line has been frequently cited, “on the Internet nobody knows you’re a dog”, which was first published in 1993 on an issue of New Yorker aside a cartoon. This line points out the anonymity of virtue society created by internet. However, with the astonishing speed of technology development especially innovations in search engines, such line is not so true anymore. In today’s Internet, it is fully possible for people to find out you’re a dog or not. Internet of today is challenging the traditions in logistical systems and thoughts.
Personal information is critical to human dignity and freedom in personality. Nowadays it has been a worldwide trend to protect personal information on Internet by laws, including in China. In this report, firstly, a survey is conducted on the current status of protection laws on personal information in China; then, by focusing on the "decisions on the reinforcement in protections of network information" by National People’s Congress (NPC), combined with the Chinese law on tort liability, identifications of tort liability in personal information protection in Internet are addressed, e.g., the principles and key factors in accountability, and detailed analyses in different types of accountability lastly, by referring to experiences in national and international legislations, the key tasks for China are clarified. Such tasks include: to justify the studies on violations of personal information on Internet, to the level of studies on facts in crimes; to change the current legislations which use privacy to cover the concept of personal information; to separate rights on personal information from rights on privacy. This study also gives out perspectives on legislative trends in protections of personal information in China, in hope of publishing a comprehensive, rigorous and advanced protective law on Internet personal information.

참고자료

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