Research On Legal Protection Of Sensitive Personal Information

With the emergence and development of information technology,the issue of personal information protection has gradually moved towards people ’s research horizons.In recent years,the application and popularization of big data technology and the development needs of digital economy makes personal information,especially the protection of sensitive personal information,become the focus of public attention.China has also issued the Personal Information Protection Law to protect personal information,and make special rules on the processing of sensitive personal information.However,personal sensitive information is a part of personal information.Therefore,there are some problems in the legislative protection of sensitive personal information,such as the confusion of sensitive personal information and personal privacy,the inconsistent definition standards of sensitive personal information,and the divergent opinions on specific judgment standards.At the same time,although the Personal Information Protection Law upholds the legislative idea of distinguishing between general personal information and sensitive personal information,the regulations on special protection of sensitive personal information are relatively simple.From the practical needs of sensitive personal information protection in China and the experience of extraterritorial legislation,the protection of sensitive personal information should be different from the special logic of general personal information protection in the application of ’ informed consent ’,the clarity of legal treatment,the realization of technical governance,and the improvement of damage identification.So need to be based on the basis of sensitive personal information definition,and the sensitive personal information protection in our practice and existing problems to analyze the protection of sensitive personal information protection logic in China,so as to fill the gaps and loopholes in the protection system of sensitive personal information in China,and put forward suggestions for the improvement of sensitive personal information protection mechanism.Except for the introduction and conclusion,this paper is mainly divided into three parts: The first part sorts out the necessity of differentiated protection of sensitive personal information.The criteria for analyzing its sensitivity should be distinguished from general personal information by objective rights sensitivity and high rights infringement standards,and from private information by the protection logic,while the rights infringement standards should cover three dimensions: risk content,degree and the occurrence mode.The second part combines legal provisions and classic cases to sort out the current situation and problems.This paper sorts out the existing processing rules of sensitive personal information in the law,analyzes the defects of the processing rules,and analyzes the classic cases to find the loopholes in the actual operation,that is,the specific judgment criteria of sensitive personal information and the requirements of ’ specific purpose ’ are not clear,the rules of informed consent are formalized,the technical governance of the whole process of sensitive personal information is not perfect,and the identification of special rights and interests of personal information is lacking.The third part is problem-oriented and puts forward suggestions for improving the protection rules of sensitive personal information.On the basis of the theory of sensitivity and the determination of the basis of rights and interests,the analysis of sensitive personal information should be based on the specific criteria for determining the criteria.The basic criteria for extracting sensitive personal information should be extracted from the comprehensive scene,supplemented by the scene integration to make up for the protection loopholes caused by the closure and rigidity of the sensitive personal information determination category after the scene extraction,and play a dynamic correction function to make specific judgments.The application of personal consent rules can be constructed on the scene,and at the same time play a leading role in the specific purpose,use the model of generalization and enumeration to clarify the legal treatment of sensitive personal information and improve the identification of damage to sensitive information rights.