Perfection Of Administrative Law Protection Mechanism For Government Infringement Of Personal Information

"Personal Information Protection Law" is the first specialized law issued in the field of personal information protection in China.This law systematically regulates many issues related to personal information protection in China,providing guidance and norms for various entities to handle personal information related activities.In the era of rapid development of digital technology,the value of personal information is increasingly prominent,and citizens’ awareness of protecting personal information rights is gradually rising.In this context,the government,as a special subject of personal information processing,is increasingly engaged in administrative activities to collect,utilize,and disclose citizens’ personal information through various information methods.The legitimate and lawful handling of personal information by the government can enhance administrative efficiency and promote the construction of a government ruled by law in China.However,in practice,it is not uncommon for the government to improperly infringe on the rights and interests of personal information,causing a significant negative impact on the government and damaging its credibility.In response to the above issues,it is necessary to strengthen the administrative law protection of personal information and strengthen the regulation of government processing and protection of personal information.This article takes the behavior of government infringing on citizens’ personal information as the research object,and uses research methods such as literature analysis,case induction,and comparative analysis to analyze and demonstrate the issue of government infringing on personal information.By consulting practical cases and judicial documents,the article concludes that the main forms of government infringement on personal information include improper collection,improper use,and improper disclosure of personal information.Combining with the manifestations of government infringement on personal information,this article further explores its internal causes and summarizes three shortcomings of the current administrative law protection mechanism in China when facing government infringement on personal information.Firstly,there are shortcomings in the government’s mechanism for processing personal information,which are reflected in the lack of rules for collecting personal information by the government,which cannot strictly follow the "notification and consent" rule to conduct collection activities,and the system for disclosing government information needs to be improved;Secondly,the internal supervision mechanism of the government is not perfect,including problems such as the imperfect internal supervision system of the government and the backward traditional supervision methods;Finally,when the government infringes on personal information,it is difficult for citizens to safeguard their legitimate rights and interests through administrative remedies after the event.Because in the administrative relief mechanism for personal information protection,citizens question the effectiveness of the administrative review system,while administrative litigation has problems such as high litigation costs,unclear qualifications of qualified plaintiffs in public interest litigation,and administrative compensation is also facing a dilemma that cannot be relied on.Preventing government infringement of personal information through administrative law protection mechanisms is one of the focuses of attention in the field of administrative law at home and abroad.The development of personal information protection in developed countries outside the region is relatively mature,and there are some advanced systems and concepts that can be used for reference by our country.In response to the shortcomings of the above-mentioned administrative law protection mechanism,this article puts forward corresponding suggestions: First,to establish a scientific and reasonable mechanism for the government to process personal information,it is necessary to start with improving the government’s mechanism for collecting personal information with "notification and consent" as the core,and improving the system for the disclosure of government information,so as to formulate a practical personal information processing mechanism;Secondly,we should improve the internal supervision mechanism of the government’s handling of personal information.In response to the current problems such as the imperfection of the government’s internal supervision system in China,the article proposes to establish a legal guarantee system for government internal supervision through the formulation of departmental regulations,and establish an independent internal administrative supervision organization,the "Personal Information Protection Committee",to guide and standardize the government’s internal supervision work.Third,improve the ex post relief mechanism for government infringement of personal information.In order to alleviate citizens’ doubts about the fairness of the administrative review system,a relatively independent review committee can be established to intervene in administrative review cases,and non public officials within the committee can provide expert advice on review disputes.In addition,it is also possible to determine the applicable order of administrative reconsideration of personal information and administrative litigation,clarify the specific scope of the subject of litigation rights in administrative public interest litigation,"organizations determined by the national network information department",and include administrative organs’ infringement of personal information in the scope of administrative compensation,and improve the administrative relief mechanism in multiple ways.