| The development of digital technology has allowed people to enjoy the "digital dividend",but it has neglected the "digital vulnerable group" generated by the"digital divide".Compared to the ordinary group,due to subjective weak legal protection awareness,limited ability to master digital technology,objective factors such as rapid updates of digital technology and lagging legislation,they are not only unable to experience the convenience brought by digital technology to their lives,Even personal information,which serves as a fundamental right,is frequently subject to infringement crises.Moreover,when digital technology permeates from life to politics and culture,and every citizen faces public power and large enterprises,the change of the field exposes a huge gap in rights and status,which makes the existing legal protection means of personal information difficult to cope with the changing rights and obligations framework,thus the ordinary group has become a "recessive digital vulnerable group".Therefore,establishing an effective legal protection mechanism for personal information of digital vulnerable groups is not only conducive to eliminating the"digital divide",promoting social fairness and justice,but also of great significance for the development of human rights and the improvement of the rule of law system.Based on this,this paper takes the digital vulnerable groups as the research subject,takes the personal information protection as the starting point,starts with the concept,causes and categories of the digital vulnerable groups,considers the special significance of protecting the digital vulnerable groups in the context of big data,and interprets the legitimacy and right generative basis of the legal protection of the digital vulnerable groups’personal information in combination with the concept and special attributes of personal information.Based on this theory,this paper analyzes the plight of the group’s personal information protection from the perspectives of digital technology,digital controller and legislative status quo,and then takes the United States and the European Union as the reference samples of extraterritorial experience to summarize and summarize the three basic principles of the legal protection of personal information of digital vulnerable groups,namely,the principle of type protection,the principle of combining substantive equality with preferential protection,and the principle of public and private law coordination protection,The three cooperate with each other and work together to consolidate the ideological foundation of the legal protection of the group’s personal information.Finally,with the goal of solving the dilemma and taking the three principles as the stand,the legislative model of combining public and private law,clear rights and obligations,the law enforcement means guided by technical checks and balances,and the judicial thinking of applying "scenario theory" to judge the rationality have been established.It is hoped that the above measures can make the personal information of digital vulnerable groups no longer become a commodity freely circulated,so that they can feel safe in the network environment. |
