| The Personal Information Protection Act,which was formally introduced in 2021,defines for the first time the concept and types of sensitive personal information.Starting with the analysis of the meaning and types of personal sensitive information,this paper selects the theoretical basis to support the Public Security Bureau’s collection of citizens’ personal sensitive information,and sorts out the relevant legal norms regulating the collection scope of personal sensitive information by the Public Security Bureau in China,then use the scene theory to discuss the range of sensitive personal information collected by Public Security Bureau in different scenes,from which the current situation and problems are summarized,combined with the principle of minimum necessity,this paper proposes to perfect the Public Security Bureau system for collecting the sensitive personal information of citizens in different situations.In addition to the introduction,this paper is divided into five chapters.The first chapter is about the meaning and scope of personal sensitive information,combining with the relevant provisions of the personal information protection law,to determine the specific connotation and definition standards of personal sensitive information,sort out the common kinds of personal sensitive information,distinguish the difference between personal sensitive information and private information,and pave the way for the research of this paper.The second chapter is the theoretical and legal basis for Public Security Bureau to collect personal sensitive information.This part combines the legal attribute of Public Security Bureau with the theoretical basis in the field of administrative law,based on the theories of public interest,power control,rule of law and government,right of privacy and context,and the legal basis directly related to the collection of sensitive personal information by the Public Security Bureau,this paper analyzes the legal basis for the collection of sensitive personal information,it concluded that the Public Security Bureau is empowered by relevant laws and administrative regulations to collect the widest possible range of sensitive personal information.The third chapter is about the scope and evaluation of scenario based Public Security Bureau.The laws and regulations relating to the collection of sensitive personal information by the Public Security Bureau Are Presented in seven tables,according to the three scenarios of National Security,Criminal Law Enforcement and administrative law enforcement,it concludes that the broad responsibilities of the Public.The Fourth Chapter is to perfect the Public Security Bureau system of collecting the citizen’s sensitive personal information in different situations,under the guidance of the principle of minimum necessity in the personal information protection law,and in the light of the problems mentioned above,firstly,the author puts forward some suggestions to improve the definition of personal sensitive information,to formulate the legislative interpretation of “ Personal sensitive information”and to establish the national standard of “Biometric information” Secondly,it proposes that law enforcement should strictly follow the principle of minimum necessity,which includes four requirements: clear purpose,minimum scope,minimum. |
