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Research On The Application Of The Principle Of Purpose Limitation In The Protection Of Personal Information

Posted on:2024-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y C FengFull Text:PDF
GTID:2556306923953409Subject:legal
Abstract/Summary:PDF Full Text Request
The principle of purpose limitation means that the processing of personal information needs to have a clear and reasonable purpose and should be directly related to the purpose of the processing.It should be done in a way that has the minimum impact on the rights and interests of the individual and should be limited to the minimum extent needed to achieve the purpose of the processing.The jurisprudential basis of the principle of purpose limitation is based on the protection of the dignity of the individual and the balance between individual and social values,and therefore the principle of purpose limitation should promote both the protection and the use of personal information.However,in practice,the formalization of the application of the principle of purpose limitation has led to the failure of the principle of purpose limitation in achieving effective protection of personal information,while the generalization of the application of the principle of purpose limitation has made it difficult to promote the effective use of personal information.Specifically,the formalization of the application of the purpose limitation principle is manifested in the fact that the personal information protection law is very lax in its requirements regarding the extent and form of clarity of purpose,the aggregation effect of big data and algorithms creates unpredictable future risks,and the information subject’s ability to control personal information is very limited,resulting in its impact on the realization of personal dominance,the identification function of personal information and the realization of the right of equality of individuals.The generalization of the application of the principle of purpose limitation is reflected in the fact that the object of the application of the principle of purpose limitation is too broad,thus generating negative economic externalities and hindering the use of personal information.This puts the application of the principle of purpose limitation in a dilemma.It is therefore necessary to resolve the problem by strictly explaining the duty to inform and by differentiating the application of the principle of purpose limitation.Specifically,the scope of objects to be informed needs to be extended to the owner of anonymous information that can still be identified by the use of algorithms,and the content of the information needs to meet the requirement of sufficient and detailed;the principle of purpose limitation must therefore be adhered to when dealing with sensitive information,and the processing of general personal information is also subject to the above-mentioned principles,but in exceptional cases the processing of information beyond the initial purpose is permitted.
Keywords/Search Tags:Personal information protection, Information protection, Use of Information
PDF Full Text Request
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