Research On Personal Information Protection In Public Administration In China From The Perspective Of The Right To Self-determination Of Information

With the increasing degree of informatization,the application of personal information in the field of public administration has become more widespread.By collecting,processing,and utilizing personal information,administrative agencies can maintain social order and manage social affairs more efficiently.Therefore,the active application of personal information in the field of public administration has become a necessary way for modern administrative management.However,the personal information of citizens currently held in the administrative organs of our country has been frequently disclosed and stolen,which seriously damages the rights and interests of citizens’ personal information.In view of the identifiability and personality attributes of personal information,how to protect personal information in the field of public administration is the key to protecting personal dignity and maintaining personal autonomy.Therefore,the research on the protection of personal information in the field of public administration is not only important for the comprehensive protection of the legitimate rights and interests of the information subject,but also defines the administrative actions of the administrative organs to collect and use personal information,and clarifies the boundaries between the protection and utilization of personal information in the public administration field.It is of practical significance to use personal information reasonably and legally to perform administrative duties.At present,the personal information under the modern administrative management has increased in a spurt,which has caused the dilemma of personal information protection in the field of public administration in China.Analysis of the legislation and judicial practice of personal information protection in the field of public administration in China,there are shortcomings such as lack of personal information rights in laws and regulations,lack of regulation and supervision of the collection and use of personal information by administrative agencies,and lack of legal protection and relief paths.In view of the above problems,through the comparative analysis of different ways of personal information protection in the field of public administration in Germany,the United States and Japan,suggestions for improving the protection of personal information in the field of public administration in China:Select the German personal information protection model centered on “ the right to self-determination of information ”;Defining the right toself-determination of information is a basic constitutional right to raise personal information to the constitutional level for protection;Establish six specific powers such as inquiry,correction,deletion,decision,appeal and blockade of personal information under the right to self-determination of information,and use legal rights against the illegal infringement of public power;Form the principle of personal information protection under the guidance of the basic principles of administrative law,and regulate the behavior of administrative agencies to collect and use personal information;Construct an administrative supervision system that combines the administrative reconsideration system with an independent supervision agency,and strengthen the protection of personal information in the public administration field with effective supervision;Improve the judicial relief system of administrative compensation and criminal punishment,confirm the administrative compensation liability and criminal responsibility of the administrative organ in the infringement of personal information,so that the administrative supervision and judicial relief play a synergistic role in the pre-supervision and post-reliance of the right to self-determination of information.