Research On The System Of Rational Use Of Personal Information

Under the background of the rapid development of digital technology,the processing of personal information of natural persons is facing severe challenges.On the one hand,the protection of personal information is not only related to the personal dignity of every natural person and the rights and interests of personal property,and freedom of information and the public interest of the state and society is closely related.On the other hand,personal information has become an essential resource for social development,which has important circulation value.There is an inevitable conflict between the protection and utilization of personal information,the root cause of which is the conflict between the value behind it and the dual attributes of personal information.Personal information not only carries the interests of information subjects,but also the interests of information users and the public interest.In order to coordinate the relationship between the protection and utilization of personal information,it is necessary to construct a system of rational use of personal information through the means of balance of interests,and promote the rational use of personal information while protecting personal information.In addition to the introduction and conclusion,this paper is intended to study and explore from four parts.The first part is the necessity analysis of the system of rational use of personal information.Taking the conflict crisis between personal information protection and utilization as the starting point,it leads to why it is necessary to construct a system of rational use of personal information.Personal information is an extension of natural persons,through personal information can be "personality portrait" to identify specific people,need to pay attention to protection,but personal information as the production of today’s society,the application of inevitable,which led to the protection and utilization of the conflict.The reasons obtained from appearance are the conflict between the value of order and freedom,and the conflict between the personal information itself,which has both personal attributes and public circulation attributes.In order to deal with the current reality conflict and make up for the limitation of the "tell consent" rule as the core legitimacy basis for handling personal information activities,we should construct the system of rational use of personal information from the perspective of balance of interests.The second part is the basis of the system of rational use of personal information.The rational use of personal information is a mechanism to seek a balance between limited information resources and unlimited information utilization needs,interest recognition is the starting point of interest balance,through the analysis of various interests existing on personal information,to identify the interests attached to personal information involves two aspects,three interests,including the human dignity and freedom of information subjects,the interests of information processors and the public interest.To construct the system of rational use of personal information,we need to use the means of interest balance to analyze dynamically a variety of factors in the processing of personal information,focusing on distinguishing sensitive personal information from general personal information,de-identity information and raw personal information,the use of commercial purposes and the use of non-commercial purposes,different factors will affect whether the interests remain balanced and reasonable.The third part is the construction of the system of rational use of personal information.The main contents include the basic principles of the rational use of personal information,including the principle of purposefulness,the principle of balance of interests and the principle of proportion.The specific situation of the rational use of personal information is divided into the implementation of news reports and supervision of public opinion,the response to public health emergencies,the protection of public interests,and the protection of the legitimate rights and interests of natural persons.The satisfaction list and the evaluation list constitute the reasonable use of personal information.Finally,it puts forward some perfect opinions on the system of rational use of personal information.The fourth part is to put forward suggestions to improve the system of rational use of personal information.From the legislative and judicial aspects of the proposal,in the specific situation of the rational use of personal information should be taken in a general and enumerated way,clear rules on the basis of leaving a certain amount of flexible space to adapt to complex and changeable development,distinguish between different natures of personal information,especially sensitive information and general personal information,in regulating the use of sensitive personal information should increase the principle of risk assessment.The most important thing in the administration of justice is to define the criteria for the reasonable use of judgment and to prevent excessive discretion from leading to different outcomes in the same case.