A Study Of Restictions On Government’s Power Of Personal Information Processing

Since local government departments have gradually developed pattern of digital government,the efficiency of official work and people’s life has been greatly improved.However,at the same time,there are also hidden dangers to personal information security that are not easily detected.Since it is often during the administrative actions or official services where the government departments process personal information,people often ignore the compliance of such information processing behaviors.Therefore,this article aims to clearly define the power boundaries of the government in the processing of personal information.In order to achieve this goal,this article will first define the nature of personal information,that is,whether personal information should be defined as a personality right,property right or any kind of integrated right.The author believes that because personal information has both personality attributes and property attributes,and is protected especially by legislation,it should be regarded as a new comprehensive civil right and attract the attention of law professionals.With the continuous advancement of pattern of digital government,such civil right has also faced unprecedented challenges.For example,although the public enjoys control over their personal information,this autonomous control is substantially weakened by government actions;as transmitted between government departments,personal information has been increasingly transparent under the“monitoring” of these departments;the classification protection system for personal information has also been substantially faked due to information transmission and splicing between government departments.It can be seen that clarifying the power boundaries of government departments in processing personal information can help avoid threats to personal information rights caused by government actions.To clarify such boundary,the author researched on domestic and foreign theory of state or government power,so as to theoretically construct the boundary restrictions that government should observe in the processing of personal information.Based on the research on relevant theories,the author believes that the pattern of digital government has become an irresistible historical trend.Therefore,strengthening control of personal information by government departments gradually caters to the purpose of improving the efficiency of social operation.However,the government’s control of personal information should not only be limited by the social cybernetics requirements for the government,but also need to be limited to other elements.After outlining the theoretical boundary,this article will sort out current legislation in our country,in order to form a sufficient understanding of the status quo.Next,this article will compare the legislation with theory,looking for the deficiencies in legislation.Finally,some methods to make up for these shortcomings are expected to provide a reference for the construction of power boundary of the government.