行政機關個人資料保護法制之研究－以日本法為比較中心

周逸濱

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行政機關個人資料保護法制之研究－以日本法為比較中心

The Study of the Personal Data Protection Law for Administrative Organizations—Compared with Japanese Legal system

周逸濱 , Masters　　Advisor：陳春生　　

繁體中文

資訊隱私權；個人資訊保護；個人資料保護；行政機關個人資料保護法；電腦處理個人資料保護法； Personal Data Protection

Abstract │ Reference (261) │ Times Cited (14) │ Altmetrics

Abstract 〈TOP〉

Parallel Abstract 〈TOP〉

In recent years, in virtue of the emergence of the activity of protecting Private Rights, the issue of protecting personal information has also been raised and become flourishing. However, most of the discussions about this issue only focused on how to collect, to process, to use, and to offer the personal information by the private department; rather than paid much attention to what are the standards should be adopted by public department. 
  On the basis that the government needs huge information about each individual to fulfill his/her duties of public affairs in this contemporary age, the approaches like these infringed the Rights of information privacy seriously. In light of basic human rights protection, this thesis would focus on the relative norms of administrative departments, expecting that through providing some advices by this thesis could enhance the whole structure of individual information protecting standards in order to fit the requirements of basic human rights protection.
  In the Chapter 2, first of all, I demonstrate the background of the development of individual information protection and the legal basis of it; then, I point out what is the Constitutional legal basis of this issue.
  In the Chapter 3, I indicate that the way of regulations of individual information protection, and provide that how to make sure this human right been practically practiced by international organizations and countries. At last, I choose one which is much suitable to the situations in our country to make a comparison between two countries’ laws. In my thesis, I choose the Japanese law, which is the exact objective of comparison in my thesis. 
  In the Chapter 4, it provides that brief outline of Japanese law about the issue of individual information protection, and indicates that the situations of practicing both in academic and practical field in order to make clearly about that Japanese law.
  In the Chapter 5, I survey the quality of our law set by our administrative departments through some methods, including comparing contemporary laws, revised draft of law, and Japanese rules comprehensively. Furthermore, I combine the opinions from both academic and practical field and the results after comparisons mentioned above. At last but not the least, I provide some suggestions could be the reference to enhance the quality of our law.

Reference ( 261 ) 〈TOP〉

3. 五南法律小組編，行政程序法立法資料彙編，五南出版社，1999年。
連結：
26. 法務部編，法務部研訂「電腦處理個人資料保護法案」資料彙編，法務部，1993年。
連結：
28. 許文義，個人資料保護法論，三民書局，2001年。
連結：
33. 曾隆興，修正民法債編總論，三民書局，2000年再版。
連結：
34. 湯德宗，行政程序法論，元照出版，2005二版。
連結：

Times Cited (14) 〈TOP〉

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