Research On The Protection Mechanism Of Sensitive Personal Informatio

In the development and innovation of big data,cloud computing,artificial intelligence and other high-tech,the huge potential of the economic value and social value of personal information has been highlighted.Information processors process and use sensitive personal information to make illegal profits through inappropriate or illegal means such as big data analysis,deep mining and integration technology,regardless of the legitimate rights and interests of information subjects.Sensitive personal information as a new thing,its development is not sound and stable.The information processor divulges or illegally uses and processes sensitive personal information without warning,and the information subject cannot even know the time,place,size and scope of the damage result of its sensitive personal information.However,the misuse or illegal use of sensitive personal information by information processors will cause much more serious damage than ordinary personal information,which will cause serious damage to the personal safety,property security and human dignity of the information subject,and even cause some new damage(such as reputation loss,social discrimination,anxiety and fear,etc.).Therefore,sensitive personal information has its particularity.We should take systematic and strict protection measures to protect sensitive personal information,so as to promote the healthy and orderly development of sensitive personal information and even the entire personal information industry.Although the Personal Information Protection Law of the People’s Republic of China(hereinafter referred to as the "Personal Information Protection Law")stipulates the handling rules of sensitive personal information in Chapter II,it also clarifies its concept.However,its concept is relatively general and inclusive.With the development of information technology,there will inevitably be some "new sensitive personal information",so its extension is not clear,and there is still a lack of unified criteria for identifying sensitive personal information in judicial practice.There is no lack of original views on its legal attribute in the academic circle,but it has always been controversial.There are still many problems in the protection system of sensitive personal information.First,the informed consent system of sensitive personal information,as well as the principle of specific purpose and sufficiency and necessity,may be in a virtual state under the impact of big data;Secondly,in terms of the protection of sensitive personal information,too administrative provisions are difficult to meet the demands of private rights protection;In addition,China’s industry self-discipline mechanism is not perfect,the relief system for infringement of sensitive personal information is not perfect,there is a lack of perfect regulatory system,it is difficult to identify the form of infringement damage results of sensitive personal information and the responsibility is too light,and the procedural relief mechanism for sensitive personal information is not perfect.These problems lead to greater difficulty in protecting the rights of information subjects.Therefore,based on the comparative study of domestic and foreign protection systems,this paper suggests that the European Union,the United States and other countries should learn from the benefits of sensitive personal information protection,and actively explore and improve sensitive personal information protection mechanisms that adapt to local characteristics.The direct purpose of strict special protection of sensitive personal information is to avoid and prevent the wanton abuse and illegal use of information processors,and the fundamental purpose is to protect the legitimate rights and interests of information subjects,thus forming a good atmosphere for the healthy and orderly development of sensitive personal information.In this regard,this paper believes that we should mainly improve the protection system of sensitive personal information and the responsibility relief system.First of all,China should clarify the legal attributes of sensitive personal information,and establish systematic identification logic and standards for the connotation of sensitive personal information itself.Secondly,improve the processing rules of sensitive personal information,build a scenario based informed consent system,and strictly follow the specific purpose and the principle of sufficiency and necessity.Finally,establish industry self-discipline organizations,improve the self-discipline of information processors,and improve the regulatory system for sensitive personal information.At the same time,we need to improve the identification standards of the form of damage to sensitive personal information rights and the amount of compensation,improve the procedural relief mechanism for sensitive personal information,and build a punitive compensation system.