Dealing Rules For The Disclosed Personal Information Are Analyzed

The protection of the publicly disclosed personal information is a hot issue concerned by the practical circle and the theoretical circle jointly.“Civil Code” and“Personal Information Protection Law” have provided the path to deal with the disclosed personal information from the perspective of the system specification,while the practical application scenario and the level are complex relatively.Moreover,the frequent disputes have caused the failure to reach the consensus on the understanding and the application of the specific rules in the judicial practice,and different courts have made the totally different judgments on the similar cases.Therefore,the paper firstly determines the basic definition of the disclosed personal information,and makes the typological analysis to determine the research object.Secondly,the paper explores the applicable dilemma of the dealing rule for the disclosed personal information in the judicial practice via combing the empirical laws and regulations and the judicial practice of the disclosed personal information.Thirdly,the extraterritorial provisions are investigated and the related provisions at abroad are summarized,thus providing the construction for the related rules in our country.Finally,the application of the rule in the practice is proposed from the perspective of the judicial application,thus providing the suggestions for the judicial practice of the disclosed personal information.It can be divided into four parts in the paper except the introduction:In the first part,the basic theories of the dealing rules for the disclosed personal information are analyzed.Firstly,the concept and type of the disclosed personal information are combed,and the research object in the paper is the protection of the disclosed personal information.Secondly,the right attribute of the disclosed personal information is analyzed profoundly combined with the legal provisions and the academic arguments.Finally,it tries to clarify the legitimacy foundation for the dealing behavior of the disclosed personal information based on the interest attribute of the disclosed personal information,and it provides the theoretical support for the subsequent contents.In the second part,the current situation and the dilemma for the dealing rule of the disclosed personal information are introduced.There are three major features in the judicial precedents of the disclosed personal information handling: “polymorphic”dispute type,controversial judgement standard of “reasonable handling”,and doubted self-determination right of the information subject on the disclosed personal information.There are three major dilemmas in the process to apply the rules: the initial public status of the disclosed personal information is ignored,it is hard to determine the standard for “reasonable handling”,it is doubtful for the legal effect of the right to refuse the personal information.In the third part,the extraterritorial investigation of the handling rule for the disclosed personal information is introduced.The stones of those hills may be used to polish gems.The reasonable reference of the extraterritorial system can provide a feasible idea to perfect the dealing rule of the disclosed personal information.The trend of “decentralization” is displayed in the legislation of personal information protection in the United States,and the separate provision is made on the handling behavior of the personal information at each specific field.General Data Protection Regulation(GDPR)of EU has formulated the most stringent personal information protection system in the world,the personal data is divided into the personal data and special personal data,and the detailed rules are taken for the handling of the special personal data.In the fourth part,the perfection path of the dealing rule for the disclosed personal information is introduced.The disclosed personal information shall be defined accurately from two aspects of the open status and the legitimacy judgment.The“reasonable handling” of the disclosed personal information shall be judged comprehensively from the form level and the substantive level.The exercise rules of the information subject’s refusal right is expound specifically from two aspects of the specific exercise path and the exercise scope of the refusal right.