欧盟《数据保护指令》与《通用数据保护条例》对比研究以及对我国立法启示

Abstract

In the era of big data, personal data are arbitrarily collected, used, consulted or otherwise processed and to what extent the personal data are or will be processed have become legal issues. China has not yet established a special unified data protection system, while the absence of personal data protection law, a relevant legal system to protect the personal data is needed to be established right away. The EU has always been known for its high level of protection of personal data and its strict regulatory practices. In 1995, the EU adopted the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (Directive / 95/46 / EC), setting minimum standards for the protection of personal data by EU member states. A large amount of data used under the development of Internet + society, the EU tried to further improve the legal framework for data protection, in December 2015 the EU adopted the General Data Protection Regulation to identify on principles of data protection and regulation methods. This thesis does a comparative study of EU Directive 95/46 and General Data Protection Regulation, and discusses the scope of application, the data subject, and the methods of protecting personal data while adopting personal data protection law, so as to provide useful information and advice for enactment of unified data protection law in China.