| Based on the current situation of the judicial environment and the highly developed Internet,when people enjoy the dividends brought by the online disclosure of the judgment documents,how to protect the personal information recorded in the judgment documents has become an urgent legal problem.The referee documents openly call for the open sharing of personal information,and the information subject expects that legal protection can be obtained once the rights are damaged.This is a problem that legislators must face.With regard to the legal attributes of personal information,the academic circles have several views on the object of privacy rights,the object of personality rights,the object of ownership,and the theory of new rights.The current mainstream view adopts the object of personality rights.In the modern information society,it is necessary to re-examine the legal attributes of personal information.In addition to the personality rights,personal information also has property attributes and public product attributes.Taking the X City Court of J Province as a sample,quantitative analysis of the status quo of personal information protection in the judgment documents,exploring the legal elements with quantitative relationship and presenting them in the form of graphs,found that there are obvious defects in the implementation content,implementation system and implementation procedures.Specifically,first,in terms of relevant regulations,only the relevant policy documents and judicial interpretations issued by the Supreme People’s Court involve the protection of personal information.The relevant provisions of local courts at all levels are mostly only copies of the Supreme People’s Court.Secondly,in terms of information disclosure,using the court level,the cause of the case,and the type of documents as the key words,extraction of 600 adjudicative documents made public by the X City Court of J Province in China,and found that the courts lacked a unified standard for personal information protection.The two personal information that are clearly protected by the protected ID card number and home address are less leaked,while other personal information leaks that lack legal protection are still severe.Third,in terms of procedural safeguards,remedies have not yet been perfected,making it difficult to obtain timely protection when citizens’ rights are damaged.The purpose of legal protection of personal information is to prevent risks.In the future,we can start from the following aspects: First,it should be protected at the appropriate level through the Personal Information Protection Law.Clarify the legal status of personal information rights and stipulate the principle of personal information protection in the form of general law.Strengthen cooperation with big data justice,stimulate the realization of the multi-dimensional value of personal information;Second,reconstruct the specific rules of the referee documents online.Technical treatment of personal information,the introduction of a "negative list of personal information" to regulate the scope of personal information protection;Third,improve the judicial process,improve the regulatory system,and form a long-term regulatory mechanism.Set up online public notification and relief procedures for referee documents,and explore the scientific path of personal information protection mechanisms in the new era. |
