Research On Personal Information Protection In Digital Administration

With the deepening of China’s digital government construction,China will achieve a smart government by 2025,achieving one-stop processing of multiregional,multi departmental,cross business and other matters,and achieving 90% coverage of data through "one network unified management and one network access".When we enjoy the convenience brought by digital administration,it is also becoming a sharp tool that infringes on citizens’ rights and interests.The issue of personal information protection in digital administration has become a hot topic in China’s society.Based on this,the public attribute of personal information,namely the necessity of sharing,makes the issue of personal information protection under digital administration more complex.Studying the issue of personal information protection under digital administration is beneficial for understanding the current situation of personal information protection in China,sorting out the existing legal provisions,and controlling the direction of future adjustments in personal information protection.Deeply understand relevant legal practices abroad and explore digital administrative personal information protection solutions that are in line with China’s national conditions.China has launched a series of special activities for personal information protection,introducing departmental laws such as the Personal Information Protection Law,the Data Security Law,and the Cybersecurity Law.The Civil Code includes the infringement of personal information by digital administration within the scope of adjustment.In addition,Articles 1034 to 1039 of the Civil Code also stipulate the scope,application principles,rights enjoyed by citizens,and obligations fulfilled by information processors of personal information.The Criminal Law establishes specific charges for infringing on citizens’ personal information and provides detailed punishment ranges for different circumstances.It also sets different sentencing standards for the crimes of illegally obtaining personal information and selling or illegally providing citizens’ personal information.In the process of digital administration,due to the different administrative activities carried out,local governments at all levels have issued a series of different normative documents based on different digital administrative behaviors.The Interim Measures for the Management of Government Information Resource Sharing,the Interim Measures for the Management of Government Information Sharing in Suzhou,and the Interim Measures for the Management of Government Information Resource Sharing in Chengdu mainly regulate the administrative behavior of government information sharing,and specify in detail the scope of information sharing,information security classification,and information retention period.In the field of data openness and personal information protection,local governments at all levels have issued their own normative documents,including the Zhejiang Province Public Data Regulations,the Guizhou Province Big Data Development and Application Regulations,and the Tianjin City Promotion of Big Data Development and Application Regulations.It specifies information classification standards,scope of responsible parties,specific infringement behaviors,management agencies,and obligations to be fulfilled,among other information disclosure contents.The State Council announced the "Regulations on the Management of Mobile Internet Application Information Services" in 2016,aiming to standardize government app information services and protect the information rights and interests of citizens and other organizations.Local governments at all levels have issued normative documents for government digital media,including the "Interim Measures for the Management of New Media in the Government System of Fu yang City" and the "Interim Measures for the Management of New Media in the Government System of Ding yuan County",which specify emergency measures for information security protection,information processing and reporting processes,clarify the management responsibilities of each unit,the number and time of system password changes,and list a series of prohibited behaviors.The purpose of this series of measures is only to better regulate the information processing behavior in government digital administration.From the perspective of implementation effectiveness,this series of regulations has achieved significant results,but there are still many issues that have not been effectively addressed,such as unclear information ownership rights,lack of protection for sensitive information,potential information security risks,management loss of control,and diversification of information processors.These issues are the main reasons for the current dilemma of personal information protection in digital administration.Due to the early start of digital administration in relevant foreign countries,a relatively mature personal information protection system has been established in their own countries.Studying the system and practice of personal information protection under digital administration in foreign countries is of positive significance to China.The United States has formed an information protection system led by the Privacy Act and has established detailed obligations for the government as an information processor.The government must strictly follow relevant legal provisions when processing citizens’ personal information,and information supervision agencies must fulfill corresponding supervisory responsibilities.Germany has formed an information protection system with the Federal Data Protection Law as its core,established a specialized agency to handle personal information cases of citizens(Federal Data Protection and Information Freedom Trust Agency),and introduced the Federal Information Technology Security Law to address information security issues,providing protection for personal information under digital administration.Japan,on the basis of the Personal Information Protection Law,has introduced the Personal Information Protection Law for Administrative Organs,which mainly regulates the information processing behavior of administrative organs and provides detailed regulations on the workflow,procedures,standards,and other matters of information processors.The Cabinet Information Security Center(NISC)and the Supreme Information Security Responsible Person(CISO)are responsible for information processing related matters.Based on the current situation of personal information protection in digital administration in China,it is necessary to strengthen the construction of a legal system,refine the scope of information,implement classified protection of digital administrative actions,and attach importance to the protection of sensitive information.At the same time,it is necessary to coordinate the application of personal information protection provisions in various departmental laws,and use a sound legal system to safeguard the personal information protection of Chinese citizens.Strengthen the current organization and management of personal information protection in digital administration in China,focusing on the management of management agencies,management mechanisms,personnel management,publicity and education,and other aspects.Data security is an important defense line for information protection,and improving the data security system to ensure the security of collection,utilization,sharing,transmission,storage,and destruction is of practical significance.