Research On The Applicable Issues Of Laws On The Classification Protection Of Personal Informatio

With the advent of the information age and the improvement of relevant laws and regulations on the classified protection of personal information,the issue of legal application brought about by the frequent occurrence of personal information infringement cases has become increasingly prominent.The Civil Code of the People’s Republic of China,which will take effect in 2021,has established a dual structure of privacy and personal information protection,and established the principle of informed consent for the protection of personal information.Informed consent rules based on classified protection of information.However,in specific judicial practice,how to distinguish the connotation and scope of private information and personal information in order to apply corresponding protection methods,and how to connect the informed consent rules of the Personal Information Protection Law with the informed consent principle of the Civil Code The application of reasonable consent requirements remains an urgent issue.For the former,this paper believes that private information is the key to solving the problem.It tries to construct an interpretive theory of subjective elements “unwilling to be known by others” and objective elements “privacy”,and insists on including specific scene content and core extension.Private information can be separated from sensitive personal information and non-sensitive personal information under the Personal Information Protection Law,so as to ensure the realization of the value of personal information in social interaction,business development,and public management.For the latter,there are both cognitive problems and structural problems.To alleviate its predicament,it is necessary to use the perspective of the Civil Code,based on the value basis of personal information protection: personal dignity and freedom,according to different types of information processing behaviors Whether it touches the core interests of human dignity and freedom,explores the applicable benchmark of informed consent rules,and finds a solution to the "consent" dilemma from an interpretive standpoint.