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Research On The Application Of "Triple Authorization Principle" In Personal Information Protection

Posted on:2024-08-09Degree:MasterType:Thesis
Country:ChinaCandidate:B Y LiFull Text:PDF
GTID:2556307169495134Subject:legal
Abstract/Summary:PDF Full Text Request
With the advent of the big data era,the dominant role of personal information in commercial data competition is becoming more and more obvious,and is gradually becoming a new driving force in commercial economic development.In order to reduce commercial costs and improve the efficiency of access to personal information,data platforms are competing to change the way they access information,shifting from direct access to users to mewing information data from other data platforms,forming a personal information data transmission chain with users,data platforms and third-party platforms as the main bodies.However,the drawbacks of long chains of data transmission are also emerging,with traditional informed consent rules failing,personal information protection obligations lacking,and the number of personal information infringement cases increasing as users and platforms wrestle with their interests.In this environment,China has put forward the principle of triple authorization in judicial practice,forming the personal information authorization rules of "User Authorization + Platform Authorization + User Authorization",in order to regulate the personal information data acquisition behavior of data platforms and require platforms to assume responsibility for personal information protection,thereby achieving the purpose of protecting personal information security.However,in the process of practical application,the internal logic of the triple authorization principle conflicts with the interests of different subjects,leading to a more serious dilemma in the application of the triple mandate principle.It is therefore inevitable that the dilemma of application will be solved by exploring the path of optimisation of the triple authorization principle.By enhancing the flexibility of the application of the principles and balancing the protection of the personality of personal information in data circulation with commercial interests,the flourishing of the big data industry will be promoted and the country will be able to take advantage of the data dividend of personal information in the new era of development.This article adopts the methods of interest weighing,case analysis and comparative study,and takes the background and significance of the study as the starting point.Through summarizing and sorting out the relevant theoretical studies in China,and at the same time drawing on the research experience of overseas authorization rules,it then elaborates on its personal attitude and views on the application of the principle of triple authorization.Based on the clarification of the concept of personal information and the principle of triple authorisation,a theoretical basis for the application of the principle is constructed.At the same time,through the analysis of the current judicial situation of personal information protection,and the analysis of typical cases of the application of the triple authorization principle.It provides realistic and reasonable support for the application of the triple authorization principle,and presents the problems and causes of the application of the principle.Finally,by exploring the optimisation of the application path of the triple authorization principle,the balance of interests between the protection of the personality of personal information and the commercial value is achieved.And by improving the balance between the application of the triple authorization principle and the right to data portability,the scenarios for the application of the principle are clarified.On this basis,the different data objects involved in the triple authorization principle are categorized and authorized for application,while the responsibilities of the subjects involved in data circulation are clarified,so as to improve the flexibility and reasonableness of the application of the triple authorization principle and truly achieve the perfect protection of personal information.
Keywords/Search Tags:Protection of Personal Information, Triple Authorization Principle, Balance of Interests, Authorisation by Type
PDF Full Text Request
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