| Personal location information refers to the portrayal of the static orientation and real behavior trajectory of individuals’ participation in social life,including information level feedback on their positioning measurement,orientation change,daily activity trajectory and individual behavior attributes,and is a collection of original information forms and data forms.It can be divided into three types: static personal location information,dynamic personal location information and derivative information.Compared with other personal information,personal location information has more obvious personal attachment attributes,which not only has the information instinct of direct identification,but also has the feasibility of indirect identification of specific individuals.For example,the trace of personal online behavior can break through the traditional technical barriers and discover the location of individual users through cookies or electronic traces of online interaction.Moreover,with the provision of convenient mobile phone services by mobile operators and the development of various positioning and navigation equipment technologies,the use of personal location information is diversified,and the content involved is more complex.The value choice behind the conflict of interest is a real problem that personal location information protection needs to face.At present,the protection of personal location information has become more prominent in real life.Arbitrary dissemination of streaming information,concealing the use of others’ trip codes,IP territorial privacy disputes,geographic fences,positioning advertising push,geographic information market chaos,etc.are special legal issues that need to be resolved urgently.Based on this,this thesis re combs the legal interests of personal location information.By clarifying the causes of value conflicts in the protection of legal interests,it proposes the concept of collaborative protection,in order to explore the construction of a system of rights and responsibilities coordination of legal relief and a collaborative protection mode of legal operation,and then fundamentally solve the dilemma of personal location information protection under specific scenarios.In the era of digital society,the steady advancement of technological innovation and development interests has not only brought unlimited potential for social change,but also brought unprecedented new challenges to personal information protection.Personal information is the upper concept of personal location information,and personal location information is a relatively special category in the composition of personal information.Both are the relationship between the whole and the part,including and being included.Therefore,research on the protection of personal location information should be based on the interpretation of concepts,shift from a perspective dominated by rights protection to a perspective where legal interests should be protected by law,and emphasize that the protection of legal interests of personal location information is more conducive to addressing the lagging issues caused by legal loopholes.The effective distinction between legal interests and rights can not only clarify the current situation of the protection of actual legal interests,but also further clarify the interests that should be protected in personal location information.Moreover,with the continuous expansion of the scale of the digital economy,the frequency of personal location information use will become increasingly frequent,and it is necessary to clarify the diverse interests contained in their legal interests,not only to protect their inherent personal interests,but also to consider the legal issues behind their developmental interests.The legal interests of personal location information can be divided into three types of interests: personal interests,property interests,and public interests.Personality interest is an inherent interest in the nature of interests,and it is the legitimate interest corresponding to its own personality attribute."The Civil Code lists personal information as protected under the section on personal rights,and lists the trajectory of individuals as an example in the list of types of personal information,which is also an affirmation of the personal interests contained in personal location information.".Property interests and public interests are the products of promoting developmental interests in the digital era.The generation of personal location information originates from individual subjects,and from their inherent legal interests,it does not have the form of property interests.According to the perspective of rights in traditional civil law,it is even more impossible to have dual rights that belong to both personality rights and property rights.Therefore,from the perspective of legal interests,the interests of personal location information property and public interests should belong to developmental interests.Among them,property interests originate from the development of the information industry and the establishment of a market for data elements,and then,as an available resource,flow through different entities and markets,generating commercial value,and ultimately evolving into property interests.The public interest is not only a manifestation of the special tool attributes of personal location information,but also a legitimate need to safeguard social or national interests.The tool attribute is a feedback of the sociality and publicity of personal location information,which helps individuals integrate into society for different public purposes.To safeguard social or national interests,it is necessary to base oneself on a special social or national development state,making personal location information a non competitive and non exclusive public resource,which is a manifestation of the transfer of private interests and the performance of positive obligations.The trend of diversified interests in the legal interests of personal location information has further exacerbated the emergence of the dilemma of personal location information protection.Moreover,the current corresponding legal norms do not clarify the legal status and scope of legal interest protection of personal location information,which further exposes issues such as personal location information processing,interest differential protection options,and coordination of rights and responsibilities.The exposure of these issues undoubtedly reveals the reasons for the formation of specific conflict of interest scenarios.The formation of protection dilemma in the context of conflict of interest is rooted in the value choice of legal interest protection of personal location information.The determination of traditional rights and the protection of legitimate interests are based on different value choices and corresponding boundaries are set.Therefore,in the legal protection of personal location information,there will be a certain value orientation.It is necessary to maintain the inherent personal interests,while also taking into account development interests and overall public interests.In a diversified interest protection pattern,it is easy to lead to the possibility of overlapping rights or interests,and the values contained in the same legal interest may also conflict.For example,there is an overlap between the protection of personal location information and personal interests,as well as the protection of sensitive personal information and privacy rights.Or there are conflicts between development interests and inherent interests,between personality interests and property interests,and between public interests and private interests.After reorganizing the legal interests of personal location information,attention should be paid to the overlap or conflict between various legal interests.Dig out the causes of value conflicts behind the protection of legal interests,resolve the issue of interest ranking,and maintain a balance of interests among all parties.Currently,the reasons for the conflict of legal interest protection values of personal location information are mainly concentrated in three aspects: first,the understanding of the legal interest protection of due process is not comprehensive;Second,there are limitations in the protection of actual legal interests;Third,there is a lack of awareness of legal and beneficial collaborative protection of personal location information.The incomplete understanding of the protection of due process legal interests lies in the current lack of understanding of the balance of interests in personal location information,as the legal operating system has different dependencies in different social development periods.At the stage of the digital society,it is necessary to reconsider the various balance of interests behind the value of information.It is necessary to conduct a comparative analysis from the perspective of the development of the digital economy,the perspective of human dignity in the protection of inherent interests,and the overall relevance of society or the country.In addition,it is necessary to combine the legal application experience of existing cases in judicial practice to address relevant issues,and summarize the legal benefits that should be taken when laws and regulations do not specify the protection of personal location information.Of course,after summarizing the legal benefits that should be obtained,it is necessary to review the relevant content of existing legal provisions related to the legal benefits of personal location information.The existing provisions of relevant laws and regulations represent that they have made realistic arrangements for the recognized legal interests and should not arbitrarily undermine existing value choices.Rather,it analyzes the limitations of the scope of protection of the actual legal interests of personal location information based on respecting legislators’ existing value choices.Discuss whether existing laws and regulations have exhausted the enumeration of relevant interests,and then straighten out the value hierarchy behind the diversified interests of different personal location information based on the comparison between the expected legal interests and the actual legal interests.Advocate the formation of a collaborative protection system from the perspective of legal interests,including the legal operation supplement in the coordination protection of interest differences,rights and responsibilities,and overall coordination protection,in order to address the root causes of conflict in the value protection of personal location information legal interests.Improve and supplement the existing protection pattern,advocate differential thinking of protection status and coordination of developmental interest protection,and explore new protection ideas to solve practical problems.Nowadays the Civil Code and the Personal Information Protection Law do not strictly distinguish between personal location information,but simply summarize its legal benefits in general among the rights and interests related to personal information.Although recognizing the power and corresponding legal interests of relevant entities to process information,they have not given specific forms of protection for the rights and interests of personal location information,and there is a lack of explanation of the classification of entities and their rights and responsibilities.To solve the dilemma of protecting personal location information in reality,it is urgent to clarify the power of relevant subjects to handle personal location information and affirm corresponding legal interests.In this regard,the collaborative protection of legal interests of personal location information emphasizes the overall collaborative improvement of protection based on affirming the existing value choices of legislators.It mainly includes four dimensions of thinking from the perspective of collaborative protection,namely,the collaborative participation of multiple subjects,the analysis of rights and responsibilities in collaborative protection,the differential thinking of legal interest collaborative protection,and the supplement of legal operation.Clarifying the collaborative participation of multiple entities and analyzing the rights and responsibilities during the processing of personal location information can help protect the legitimate interests of various entities in generating and processing personal location information.Including a description of the liability for breach of contract,a determination of the liability for infringement,a delineation of the methods of exemption and compensation,and supplementary explanations for irresponsible acts.However,the division of multiple subjects and the clear situation of rights and responsibilities will inevitably lead to a contradiction in value choices between inherent personality interests and developmental interests.It is necessary to safeguard the inherent personality interests while taking into account developmental interests.It is recommended to consider the differential protection of personality interests based on the classification and processing of personal location information,prioritize the protection of inherent personality interests,and take into account the protection of developmental interests.According to the degree of privacy of classified personal location information,choose different private law rights or legal interest protection,and improve the differential protection pattern based on the existing Civil Code and Personal Information Protection Law.At the same time,it is also necessary to improve the complementation of legal operation,balance the contradictions between property interests and public interests in inherent personality interests and developmental interests,and explore collaborative protection and complementation of legal operation from the perspectives of legislation,justice,law enforcement,and law compliance,in order to effectively solve various conflicts of interest in the collaborative protection of personal location information legal interests. |
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