政務平臺隱私政策公法重構

政務平臺本質上是公法構造物，其核心在於行政服務權力和平臺管理權力的行使，同時伴有輔助性的權利因素。因此，其隱私政策應當以“為履行法定職責所必需”為原則，以告知同意等為例外。然而，基於33份隱私政策的考察表明，政務平臺普遍錯位適用私法主導範式：將告知同意確立為基本原則和核心規則，而法定職責卻被降格、縮限為例外情形。該范式的形成源于民法思維與安全思維的合力，這些思維深刻影響了《個人信息保護法》以及政務平臺建設實踐。對政務平臺隱私政策實現公法重構，關鍵在於厘清個人信息處理公、私法規範間詳略有別但效力並列的關係。各政務平臺應構建基於公法的雙重《個人信息處理規則告知書》架構，同時保留作為附屬的、基於私法的《隱私政策》。公法主導模式不排斥私法適用，不僅能有效破解“象徵性立法”困境，更可通過政務平臺的權力聚合與風險過濾特質，為數字法治政府建設提供一套通用的個人信息處理公法規範體系。

Government platforms are, in essence, constructs of public law. Their core lies in the exercise of administrative service powers and platform governance powers, accompanied by auxiliary elements of rights participation. Accordingly, their privacy policies should be governed by the principle of“necessity for the performance of statutory duties,”with mechanisms such as informed consent functioning only as exceptions. However, an empirical examination of thirty-three privacy policies reveals that government platforms generally misapply a private-law-dominated paradigm: informed consent is established as the basic principle and central rule, while the performance of statutory duties is downgraded and restricted to an exceptional circumstance. The formation of this paradigm stems from the combined influence of civil-law reasoning and security-oriented thinking, and it has profoundly shaped both the Personal Information Protection Law and the practical development of government platforms. To achieve a reconstruction grounded in public law, the key lies in clarifying the relationship between public-law and private- law norms governing personal information processing—norms that differ in detail and emphasis but are equal in normative force. Each government platform should establish a dual-structure“Notice on Personal Information Processing Rules”grounded in public law, while retaining, as a subsidiary instrument, a private-law-based“Privacy Policy.”A public-law-dominated model does not exclude the application of private law; rather, it can effectively overcome the dilemma of“symbolic legislation”and, by leveraging the characteristics of power aggregation and risk filtering inherent in government platforms, provide a general public-law framework for personal information processing within the construction of a digital rule-of-law government.