Research On The Limitation Of Personal Information Utilization

In the era of big data,sundry data processing technologies become more and more sophisticated,the property value of personal information is highlighted increasingly.However,there is no relevant law in China for personal information protection,which accordingly indicates that there is no mandatory compliance requirement to be met,and information controllers couldn't find a standard specification to follow.Controllers like commercial organizations have made arbitrary use of various means to utilize personal information,which has infringed on the interests of information subjects to varying degrees and hindered the full play of the value of personal information.So,how to balance the contradiction between personal information protection and information utilization has become an inevitable problem.In order to solve this problem,this paper intends to pass active power confirmation and behavioral regulation models to find out the limits of information controllers to use personal information.Starting from the present situation of personal information utilization,the author analyzes the existing problems and causes in the use of data,and discusses the two stages of primary use and secondary use.From the perspective of interest measurement,to balance the interests of related subjects of personal information,it is well known that there are multiple interests such as personal and economic interests on personal information.This paper believes that the personal interest(that is,the respect of personality and the freedom of personality)of the information subject should be protected by law,while the right to protection of such personal information is not an absolute right of personality.As for the economic interests of the information subject to personal information,the first is that the information subjects enjoy the economic value brought by their direct commercial use and transfer.This may could refer to the development and utilization of portrait rights,such as they can trade with information controllers according to their own will to obtain economic benefits,but the economic interests do not enjoy the way of property rights protection.Secondly,information subjects do not enjoy the right to share the benefits obtained by information controllers.This paper holds that the economic benefits of the information subject can be reflected in other ways,for example,gain a more comfortable experience through more precise advertising of the information controller.This is not necessarily a manifestation of earnings,and does not necessarily need to be proven by sharing cash profits.For the information controller's interests in personal information,the author claims it is mainly the rights and interests of the economic interests above the personal information,which should be distinguished between original data and derivative data.For original data,information users do not have independent rights,but can enjoy the right of use based on the agreement reached with the information subject.For derivative data,information users enjoy certain property rights based on Locke's labor theory of value.At last,put forward the required fundamental principles to be followed and provide concrete legal advices for demarcating the boundaries under the principle of law,make the main body benefit could be maximized within the legal framework.