중국의 개인정보보호 입법에 관한 연구- 사이버보안법을 중심으로

As personal information has been actively distributed through Big Data and Cloud Computing etc. in the Fourth Industrial Revolution, leaking and infringing personal information online could become more serious than before. Many nations including the U.S.A, EU and Japan have reinforced the personal information protection by enacting the regulations or laws in accordance with the trend mentioned above. Since China failed to try specialized legislation of personal information protection in 2005, its personal information protection has been dispersed into criminal law, civil law, and rights and interests of consumer protection law. However, enforcing cyber security law on June first 2017, China can prescribe the content of network security and personal information protection systematically. There are four essential particulars in the cyber security law: it clarifies the definition of personal information and assigns the main agents of personal information protection to network administrators, service providers, government organizations and ordinary individuals and groups, establishing obligations and detailed punishments respectively. Secondly, it strongly controls the distribution and transmission of illegal information and malware. Thirdly, implementing focused protection on critical information infrastructure, all the personal information and data collected in China are required not to be spilled externally. Lastly, it reinforces network security with the help of network protection system at security level and internet real-name system.