Research On The Protection Mechanism Of Public Interest In The Legislation Of Personal Data In China

Under the background of the era of digital economy,the value of data is critical,in response to the coming of the era of big data,in the new era,all countries are taking corresponding informatization strategy,such as America’s "national information infrastructure(NII)action plan" "five years plan" a new generation of the Internet,such as the eu’s "electronic Europe-in the face of all of the information society",and "Europe 2010 development plan-i2010 information society".In April 2016,the European commission,together with the European parliament and the European council,adopted the General Data Protection Regulation(GDPR),which came into effect on May 25,2018.In addition to protecting the privacy and application rights of data subjects,the legislative basis of GDPR is more social.However,due to its collectivism and commonality,the public interest of personal data leads to the phenomenon of "free riding" and "tragedy of the Commons",which makes it difficult to realize a large part of the public interest of personal data.This study will research content is mainly divided into personal data field and two aspects of public interest areas,identify two areas respectively present difficulties existing in the theory and practice,through the theoretical research,put forward different solutions to different areas,with personal data protection laws in Europe and America as investigation object,and study its public interest protection mechanism design of gain and loss,to ensure that the personal data contained in the effective protection of public interests,put forward suitable for China’s national conditions and effective legal system construction,so as to boost the realization of the artificial intelligence strategy in our country.Besides preface and epilogue,this article is divided into four parts: the first part is to clear positioning in the public interest,first of all,this paper,by means of literature research,explore the public interests in various fields of sociology,economics and law definition,and then through the study found that the public interests and public interests can be divided into economy of economic public interest,by this kind of classification of abstract theory,in combination with reality in the field of artificial intelligence,sociality and analysis of personal data in the field of personal data protection can produce specific public interest.Through the exploration of the nature of personal data,it is clear that it is of public character,so as to demonstrate that the legislation of personal data should focus more on the protection of public interests,and make clear that the legislation of personal data should be established on the principle of "social standard".The second part will be discussed in this paper,the content is divided into two aspects of personal data and public interests,and find out the two areas respectively present difficulties existing in the theory and practice,from the perspective of the theory on the concept of "personal data" is controversial,understanding of the connotation of the rights has not been clearly defined,lead to can’t use any legal concepts to current protection,and at the same time,the public interest because of its itself with the public,the exercise of rights is by the principal-agent theory to exercise of public authority,so public interest protection theory itself is difficult to implement.In practice,there are only scattered provisions in the law,which do not form a system and unity.The positioning of personal data is also unclear.Privacy and personal information are mixed,so that the final judgment on the protection of personal data rights in the academic circle has not been clarified.The third part through the theoretical research,taking the European and American personal data protection law as the object of investigation,clear individual standard legislative concept has been the basic legislative concept of European and American countries,which is largely different from China,China needs to be unified with the existing laws,more in line with the national conditions of China’s legal provisions.Although our country’s legislation of personal data to draw lessons from foreign policy system,but the author through to the personal data of the public analysis to establish a social standard of personal Data Protection Act and the personal data protection does not conflict,our country legislation or personal data shall be established on the basis of social standard principle,and then carries on the system building.By examining the pros and cons of individual data protection mechanism design in European and American countries,this paper puts forward effective legal system construction suitable for China’s national conditions,so as to promote the realization of artificial intelligence strategy in China.Fourth part under the personal data in the field of theory research,and has the support of the public interest theory in this paper is to follow the same focus on the value orientation of social value guidance,based on the legislation of our country for a long time "social standard" principle,and put forward personal data protection legislation of public interest mechanism model suggested that was mainly formed industry self-discipline is given priority to,the protection of personal data management committee is complementary pattern,at the same time the reference and the system of "safe haven",to promote international cooperation.At the same time,based on the problem of difficult law enforcement caused by publicity,from the perspective of principal-agent theory,the internal and external incentive modes are increased to promote the enthusiasm of law enforcement agencies.In order to realize the balance of personal interests,economic interests and social interests in China’s personal data legislation in the future,we should seek a balance between protecting personal privacy and giving play to data utility.