Research On The Legislative Value Of Personal Information Protection

Personal information in the era of big data has both personal and social attributes.Personal information refers to all kinds of information recorded in electronic or other ways with identified or identifiable natural persons.Personal information naturally has personality attribute;With the continuous progress and development of information technology,the social attribute of personal information has gradually become prominent.Theoretically,the value theory controversy about personal information protection mainly revolves around the dual attributes of personal information: personality value priority theory and social value priority theory emphasize that personal information protection should give absolute priority to the personal interests of the information subject or the social attributes of personal information;Based on the value theory of scenario protection,it emphasizes that the personal attribute and social attribute of personal information should be substantially balanced,and personal information protection should be placed in specific information scenarios for specific risk assessment,so as to achieve effective protection.At present,the value orientation of personal information protection legal system focuses on the protection of personal attribute value.In essence,it emphasizes the control of personal information by the information subject,and generally protects the social attributes of personal information,which leads to the solidification of the legitimacy boundary of the competition for the rights and interests of personal information protection.This will fall into the realistic dilemma of information asymmetry and the irrational decision-making of information subjects due to information overload.To reverse the dilemma faced by the theory of priority protection of personality value,we should avoid the transformation to the absolute path at the other end of the theory of priority protection of social value.This paperthesis studies from the perspective of the value of personal information protection,and holds(the opinion)that the legislative value of personal information protection should not unilaterally emphasize the personal attribute value of personal information,but should learn from and absorb the theory of scene protection value,increase the flexibility of personal information protection according to the information scene,and ensure the balance between the dual attributes of personal information.Therefore,the protection of personal information first needs to establish the bottom line of the protection of personal information personality rights and interests,and give consideration to the exertion of the social value of personal information,in which attention should be paid to the promotion of personal information to the economy and the optimization value of social management;Secondly,clarify the fundamental basic value of self-control modesty of personal information,that is,the information subject should respect the scene concept and reasonable risk expectation;Finally,reasonably divide the use boundary of personal information,subjectively recognize the existence of persistent unequal information relationship,and objectively construct a multi-agent risk assessment organization in order to build the legitimacy basis of multi-element balance.