德国个人资料保护法简论

德国联邦个人资料保护法是大陆法系国家最有代表性的一部个人资料保护专法,它采取统一立法模式,以信息自决权为宪法基础、一般人格权为民法基础,对全部个人资料给予同等保护。经过长期的适用和反复修订,联邦资料保护法的原则和本人权利、监督机关、损害赔偿等制度,已日臻成熟,成为大陆法系其他国家个人资料保护的立法范本。

On Federal Personal Data Protection Act of Germany

Federal Personal Data Protection Act of Germany is the typical one of the data protection laws in the Civil Law System. Based on regarding the right of informational self-determination as its constitutional basis and the general right of personality as its civil law basis, it adopts a uniform mode of legislation to offer all types of personal data equivalent protection. After long term of application and several times of amendment, the principles and several systems such as data subject's rights, supervisory authority and damages of the Act have gradually come into maturity. As a result, the other countries belonging to the Civil Law System begin to take the Act as the model for their data protection legislation.