| 英文摘要 |
In modern society, the right to personal information has gone beyond the scope of traditional individual private rights, and is closely related to national security, public health, social stability, economic development and so on. Big data based on personal information has important commercial value for enterprise transformation and industry development, social value for theoretical research and public service, and administrative value for national governance and social management. In the context of China's ''personal information protection law'' has been promulgated and implemented, the judicial protection of personal information interest measurement is more important, mainly embodied in the conflict and balance between the personal information interests, social public interests and the interests of enterprise data. In the judicial protection of personal information, the first conflict of interest is the conflict between personal interest and social public interest, and then the conflict between personal information interest and enterprise data interest. From the perspective of legal basis, the provisions in China's legal text to resolve the conflict between personal information interests and other interests are mainly reflected in the ''data provisions'' and ''public interest provisions''. From the judicial practice, the vague definition of public interest has led to the tension between the public interest and personal information interest, and the diversity of public interest representation mechanism has intensified the conflict between the public interest and personal information interest, and it is characterized by ''emphasis on accountability rather than management'', ''emphasis on criminalization rather than civilization'' and poor relief mechanism. To realize the balance of interests in the judicial protection of personal information, at the level of interpretation theory, it is necessary to strengthen the basic principles of handling personal information, and the handling of personal information should implement the principle of ''three most'' strictly, such as ''the smallest scope, the smallest impact, and the shortest period of time'', and the judgment of personal information should be combined with specific scenarios. Strengthen the legal responsibility of the state departments for the protection of personal information, increase the administrative liability for personal information infringement; Increase the legal responsibility for the infringement of sensitive personal information, establish a punitive liability system in the field of personal information protection, determine the principle of reversal of the burden of proof for personal information infringement, and make the pursuit of personal information liability of network platforms, especially small network platforms, as the most important and a top priority. At the legislative level, it is necessary to further clearly define the relevant core concepts, innovate the personal information protection model, establish a specialized personal information protection agency, and improve the rules for the relief of personal information rights and interests, and in particular, establish a group litigation system in the field of personal information protection and an administrative public interest litigation system for the protection of personal information. In short, in view of the problems in the protection of personal information rights and interests, the development of digital industry and the limitation of public interests, judicial adjudication should play a role in fully mobilizing and neutralizing conflicts among stakeholders, seeking a balance between public and private interests in the protection of personal information. Through institutional innovation and judicial innovation, we will safeguard individuals' right to self-determination in information, promote healthy data competition among enterprises and enhance government data governance capabilities. |
本站僅提供期刊文獻檢索。
