Research On The Legal Obligations Of Personal Information Processors

The disparity in the ability of information subjects and processors to control personal information,and the privacy and technology of information networks exacerbate the substantial inequality between the two parties,leading to increased violations of the rights and interests of personal information.The Personal Information Protection Law was introduced to change this status quo and to better promote the protection of personal information.The Act establishes a comprehensive personal information protection system and forms a personal information protection path of "information subject-processor-state supervision".The Law is a cross-cutting law with the processor as the subject of regulation,and establishes the legal obligations of the processor,aiming to realize the protection of personal information in a scenario through the mode of behavioral regulation.Therefore,the fulfillment of the legal obligations of the processor is the key link to achieve the purpose of personal information protection.Based on the conflict between the protection of the rights and interests of personal information and the utilization of the property value of personal information,there is still a controversy over the characterization of the legal obligation of the processor and the dilemma of its fulfillment.Based on the specificity of the status of the processor,the content of the legal obligation of the processor can be divided into the legal obligation under the equality relationship and the legal obligation under the management relationship,and this classification can lay the foundation for the characterization of the legal obligation.The jurisprudential basis for the legal obligation of the processor includes: firstly,the processor,as the opener of the source of danger,has the legal obligation to control the risk;secondly,it is based on the principle of inclined protection for the information subject;thirdly,the vulnerability of the trust relationship between the processor and the information subject.At present,there are qualitative dilemmas and implementation dilemmas in the legal obligations of processors.Specifically,there are differences in the characterization of the legal obligation of the processor,the "power" nature of the legal obligation and the "private power" nature of the legal obligation;there are also ambiguous limits of the performance of the legal obligation,the ineffective exercise of the right of the information subject and the lack of the management obligation.There are also difficulties in the implementation of legal obligations,such as the ambiguity of the limits of the implementation of legal obligations,the ineffectiveness of the information subject’s exercise of rights,and the lack of due process regulation.The causes of the difficulties in the characterization and implementation of legal obligations of processors include: firstly,the imbalance between the status of processors and information subjects,which is reflected in the disadvantageous position of information subjects and the technical superiority of processors;secondly,the conflict between the dual identities of processors,who are both the subjects of private power and the objects of public power regulation;thirdly,the complexity of legal obligations of processors,which is reflected in the complexity of the value basis and the complexity of the types of legal obligations.The third is the complexity of the legal obligation of the handler,which is reflected in the complexity of the value basis and the complexity of the type of legal obligation.In terms of the qualitative dilemma,the dual nature of the handler’s legal obligation should be determined according to its content.In order to solve the fulfillment dilemma,the fulfillment of the handlers’ statutory obligations can be improved from the following aspects: Firstly,on the premise of following the principle of reasonable expectation and the principle of purpose limitation,the fulfillment boundary of statutory obligations can be clarified by introducing the scenario theory.Secondly,regulate the procedures for the fulfillment of the handler’s management obligations.Specifically,it includes strengthening the participation of information subjects and improving the transparency of management obligations.Thirdly,regulating the processors to guarantee the fulfillment of statutory obligations through various ways such as the assumption of tort liability,credit discipline and self-regulation of processors.