On the model law of personal data in CIS member states
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D913

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    Abstract:

    Under the new legislative trend and technical background, the model law of personal data in CIS Member States advances with the times. The model law is not like the legislative outline which is directly legally binding among the member states. Instead, with its innovation and excellent quality of legislation, the model law attempts to attract the member states to absorb the whole or a part of it into their own laws. Personal data circulation has been placed on greater importance and has become the object of personal data law which is as important as (or even more important than) personal data processing. The "adjustment of personal data circulation" and "national adjustment of personal data circulation" have become separated chapters. Compared with the EU's personal data protection legislation, the model law can still be deemed as innovative. It stipulates the important legislative concepts related to personal data protection in a more detailed manner, which is essential to the correct adjustment of the legal relationship concerning personal data. The law also stipulates the group of rights of the personal data subject and the group of obligations of the personal data processor (holder), which are important contents of the personal data legislation, so as to keep pace with the advanced personal data legislation around the world, while the obligations of the personal data processor (holder) have been regulated according to the different stages and behavior types concerning data circulation and processing process. Besides, the functions and roles of the state adjustment of the circulation of personal data have been emphasized, highlighting the "comprehensive protection that places equal emphasis on the protection of public and private law", especially regarding the right, obligation and legal status of the protection authority of personal data subject's rights, the software technology as a national adjustment means of personal data protection, the storage and destruction of personal information as a national adjustment means, and the responsibility for violation of the personal data law.

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张建文.独联体成员国示范个人资料法研究[J].重庆大学学报社会科学版,2020,26(4):161~172

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History
  • Received:March 03,2020
  • Revised:
  • Adopted:
  • Online: August 17,2020
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