| Although China has established a system for the reasonable use of personal information,it is still in the preliminary stage of construction,and the details of the relevant system still need to be improved,the Civil Code only provides the framework,and the Personal Information Protection Law has not been improved to a large extent.The typical cases in practice,such as the "Jitterbug Case" and the "Suzhou Bell Tower Company and Yimou General Personality Rights Dispute",reflect that there are still some legal problems in the fair use system of personal information.The main problem is that the boundary of fair use is blurred,which is prone to disagreement in adjudication;at the same time,there is not yet a relatively uniform value determination for the fair use of personal information in practice.All these hinder the determination in judicial practice.First,this paper clarifies the unified value orientation of the personal information use system based on the legislative evolution process and comparative law research.First,the reasonable use of personal information by information users should conform to the principle of proportionality-to satisfy lawfulness,legitimacy,and minimal damage.Second,a balance of interests should be achieved.It is advocated to achieve a balance between the interests of individuals and the interests of information processors and the public interests of society.Secondly,there is more controversy in the theoretical community in terms of the recognition of the system.The system of fair use of personal information should be different from the permitted use with the consent of the right holder,and different from the anonymized processing use,and does not necessarily exclude commercial use,the system of fair use of personal information should mean that the personal information of civil subjects can be used without the consent of the right holder for reasonable purposes and uses without causing unreasonable damage to the right holder of personal information.Finally,a typological and specific analysis is conducted.Based on the provisions of Article 999 and Article 1036 of the Civil Code and Article 13 of the Personal Information Protection Law,the statutory situations are divided into four types:One is the case of defending the legitimate rights and interests of natural persons.It is generally applicable in emergency situations and the defense of the legitimate rights and interests of natural persons refers to the defense of the personal and property rights and interests of the subject of personal information,which are legitimate and justified,and cannot be the illegal interests of natural persons.Second,the implementation of news reporting and public opinion supervision.The focus is on reconciling the conflict between freedom of the press,freedom of expression and private rights and interests,but the news reporting and public opinion monitoring carried out by information users shall be for the purpose of public interest.Third,the use of personal information that has been legally disclosed.In this case,personal information has been disclosed in a lawful manner and entered the public domain,and the information user may make use of it within a reasonable range,unless the information subject expressly refuses.Fourth,to protect the public interest,this type can be regarded as a bottom-line clause,with two typical types:"necessary for the performance of legal authority" and "necessary for responding to public health emergencies",which has a broader scope of application than other cases.In this way,the legal provisions are adapted to the development of the real society. |
