| 英文摘要 |
The processing rule of legitimately disclosed personal information of China should be characterized as a code of conduct that identifies the fault ( illegality ) of the information processor, rather than a defense as the fair use. There are two bases for the “legitimacy” of processing legitimately published personal information, which is the presumed consent of the information subject and the legal reasons based on the public interests. The “legitimacy” of processing would lose if the personal information is no longer disclosed afterwards, but the effectiveness is not retroactive and is limited to when the information processor knows or should know. If the processing of semi-disclosed personal information does not exceed the scope of its disclosure, the processing rule of disclosed personal information can be applied by analogy. “Unless expressly rejected by the individual” is the right of the information subject to “opt out” granted by law. It should only be applied to the occasion where the individual discloses personal information on his own, but cannot be applied when is disclosed for legal reasons. “Reasonable scope” and “having a significant impact on individual rights and interests” are not juxtaposed, but inclusive. The latter is a negative factor in judging the former, and focuses on the consideration of the processing results. The “reasonable scope” can be considered in combination with the characteristics and attributes of information, the purpose of information processing and the way of information processing, etc. |
