The Balance Between Personal Information Protection And Processing From The Perspective Of Constitutional Law

With the development of science and technology and society,personal information has become an important social resource.The processing of personal information by enterprises,governments and other information processors has penetrated into all aspects of social life.In the processing of personal information,it is bound to have a certain impact on personal information.Based on the Constitution,the protection and processing of personal information is of great significance to the development of individuals and even the country and society.A balanced relationship should be sought between the two,and attention should be paid to the protection of personal information,but also to promote the reasonable processing of personal information.The Personal Information Protection Law enacted and implemented according to the Constitution provides normative requirements on the theoretical level for balancing the relationship between the two,and plays an important role in coordinating the relationship between the two.In this context,the main purpose of this paper is to make clear and implement the obligation of the state to balance the relationship between personal information Protection and processing based on the norms and deficiencies of the Personal Information Protection Law in the Constitution,so as to better coordinate the relationship between the two.First of all,this paper clarifies the basic definition of personal information and analyzes that both our rights to personal information and the rights of information processors to personal information are basic rights in the Constitution and have certain constitutional basis.Both of them should be guaranteed by the Constitution.In theory,both are equally important and should be protected by the state,which should not take advantage of one or the other.However,in the face of frequent conflicts and constant conflicts between personal information protection and processing at the practical level,this paper further analyzes the types and causes of conflicts between the two.It is precisely based on the above discussion that the two have an important position but there is a tense relationship,so the need for institutional mechanism to balance the relationship between the two.In this regard,from the perspective of comparative law,this paper introduces the institutional experience of balancing the relationship between the two in the United States and the European Union,as well as the balance mechanism formed on the basis of the reference of the two experiences in China.On this basis,it analyzes the similarities and differences in the modes of balancing personal information protection and processing in the United States,the European Union and China.And based on the background of personal information protection law implementation further points out the predicament of our existing balance mechanism.Finally,in order to improve the dilemma of the existing balance mechanism,better coordinate the relationship between the two,further clarify the state’s natural obligation to balance personal information protection and processing,explore various mechanisms to ensure the implementation of the obligation.