Research On Protection System Of Citizens’ Personal Information Obtained By Public Security Organs In Performing Their Duties

With the development of informatization and socialization,the "Internet+" model came into being in the context of the era of big data.The "Internet+" model not only facilitates life,but also injects new elements into citizens ’personal information,enriches the concept of citizens’ personal information constantly.The application of big data is based on the extensive collection and use of personal information of citizens as the supporting point of data.The lack of legislative guarantees and effective supervision of information use behavior will bring the risk of infringement of personal information of citizens.Therefore,special attention should be paid to the protection of citizens’personal information,especially the protection of citizens’personal information acquired by public security organs as public power organs in the course of performing their duties should be treated with cautionAt present,identification as a core characteristic is established in the legislation,and the protection system of citizens’ personal information has been reflected in the existing laws,but it is not complete.Current laws and regulations of China generally show the characteristics of criminal offense first and civil liability last,administrative deficiencies,ignoring comprehensive governance and normative guidance,and attaching importance to criminal liability investigation.They focus on the restriction of commercial nature or private subject,do not interfere public power subjects relatively and lack sufficient restriction to the public power in the process of information governance,and the construction of personal information protection system is unbalanced.This paper discusses the general principles of citizens’ personal information rights,the connotation and significance of citizens’ personal information protection system obtained by public security organs in performing their duties.Next,it inspected and analyzed the personal information or privacy protection system of citizens of extra-territorial organizations and countries such as the European Union and the United States.Based on this,through the analysis of 95 effective judgments in China,the problems and deficiencies in the protection of information obtained by our public security organs in performing their duties are discussed.And from the perspective of improving administrative legislation,strengthening private rights protection,and strengthening public power regulations,the system of personal information protection was analyzed and demonstrated,and specific measures for improving the personal information protection system of citizens obtained by public security organs in performing their duties were proposed.In addition to introduction and conclusion,this paper is divided into four parts:The first part explains general principles of protection system of citizens’ personal information obtained by public security organs in performing their duties.Personal information is the information of data subject in the form of data through which association with individual can be realized or that can identify natural persons.The right of personal information is a kind of right which has both the attribute of personality right and the attribute of property right.Its subject points to the natural person.Citizens’personal information obtained by public security organs in performing their duties is the citizen personal information obtained by various means when the public security organs perform their public functions.The significance of strengthening the construction of protection system of citizens’ personal information obtained by public security organs in performing their duties lies in fully protecting citizens’ rights,standardizing the information behavior of public security organs,and forming a pattern of personal information protection rational use.The second part introduces personal information protection legislation experience of the European Union and the United States that are at the forefront of personal information protection.Both the United States and the European Union regard personal privacy or personal information as a basic right.This part analyzes the unified legislative model of the European Union and the decentralized legislative model of the United States,private rights protection,public rights regulations and related regulatory agencies,so as to provide reference and experience for the public security organs of China to implement the obligation of citizens’ personal information protection.Through the normative analysis of laws and regulations,departmental rules and normative documents,and empirical investigation based on 95 effective criminal judgments,the third part analyzes the current situation and existing problems of the protection of information obtained by public security organs in performing their duties.The main problems include:Citizens ’personal information has a lower level of legal protection,the nature and content of citizens’ personal information rights are not clear,the public rights regulation of public security organs in the protection of citizens’personal information is not enough,and the private rights protection system of information infringement needs to be improved.The fourth part puts forward an essential change to improve protection system of citizens’ personal information obtained by public security organs in performing their duties,which includes:solving the deficiencies in the legislative structure,clarifying right nature of citizens’ personal information obtained by public security organs in performing their duties and citizens’ personal information right content,strengthening the regulation of public rights in the protection of citizens’ personal information strengthening the protection of private rights of information subject and so on.