Study On The Legislative Regulation Of Government's Utilization Of Personal Information

Since the 1960s.human beings have stepped into information society.The development and utilization of big data have penetrated into every aspect of people's social live,and play a decisive role in the development of modern society.Private subjects represented by enterprises take the lead in acutely perceive the huge economic interests personal information contains,communicating and utilizing it.Currently,China has pushed forward many laws to regulate the use of personal information by private subjects successively,strengthening the legal protection of personal information.In recent years,administrative departments represented by governments have also applied personal information and data to social management.The quantity of personal information collected and utilized by governments is unprecedentedly huge,and the administrative efficiency of governments has thereby been improved greatly.How to regulate the governments' utilization of personal information legally has become a new project in the field of administrative laws.This article has a profound disclosure of the legal interest foundation of personal information protection and the differences between personal information protection and privacy protection in Chinese context as the theoretical foundation of the legislative regulation of the governmental utilization of personal information in China.On this basis,the current condition of the government's utilization of personal information in practice and the problems existing in this process are widely collected,legal protection systems on extraterritorial governments' utilization of personal information are also sorted out,so as to propose suggestions on legislative perfection and specific suggestions on systematic perfection in terms of the governments' utilization of personal information.The development and utilization of big data have changed the role of government when using personal information.The prologue part introduces the transformation of governmental utilization of personal information and identity and the loopholes in the existing laws in China for the utilization of personal information by public departments represented by the government,so as to lead to the necessity of governmental utilization of personal information.There is a summary and research on the definition of personal information in China and other extraterntorial countries at theoretical and legislative levels,so as to conclude the basic definition of personal information.The public attribute of personal information is further highlighted under governmental management functions.making the differences between legislative regulations for governments to make use of personal information and for ordinary private subjects to make use of personal information inevitable.Secondly,it reveals that personal information protection shall take personal dignity as the foundation of legal interest,and the relationship between personal information protection and privacy protection shall be sorted out in the Chinese context.Then the article reveals the content of information on individuals collected by governments,the main methods of collection and the direct utilization and appreciative utilization of personal information by governments through the two links of the government's collection and utilization of personal information according to their social management functions.On the basis of the last chapter,this chapter attaches importance to the introduction to the problems in the governmental utilization of personal information,including:the governments' collection of personal information and their retrieval from third parties lack legal reference,systems on the correction and deletion of personal information are incomplete,the leaking and abuse of personal information database by the governments,and ambiguous boundary in the governmental information disclosure involving personal information among a series of problems.In the summary part of this chapter,it is revealed that the fundamental cause of the above-mentioned problems is that the governments lack unified principles in terms of the legislative regulation of governmental utilization of personal information and the lack of independent regulatory institutions.Then the article sorts out the legal systems of governmental utilization of personal information in the EU,America and Japan.introduces the historical origin of some legal systems and the advantages of different legislative modes,providing experience for the perfection of the system of governmental utilization of personal information in China.Finally,the article sets foot in the perspective of administrative laws,and proposes the basic principles of Chinese laws and regulations on governments' utilization of personal information while summarizing the existing framework of legal protection on governmental utilization of personal information.In addition,as to "Personal Information Protection Law" that is about to be established,it proposes that unified legislative mode shall be chosen,but public and private subjects using it shall be differentiated in articles,and the boundary between personal information protection and governmental information shall be made clear in the law.Meanwhile,in terms of the perfection of specific systems,it is suggested that the scope,reference and limitation of governmental collection and utilization of personal information shall be made clear,the system of governments' secondary information utilization involving personal information shall be established,and new personal information legal protection and regulatory management system shall be set up.It can protect the personal information used by the government from infringement,and it can also promote the use of information resources to make the best use of their value.