Research On Legal Protection Of Personal Data Based On Sensitivity Distinction

With the development and wide application of information technology,personal information has basically been digitized and transformed into personal data.Because of its increasing use value,personal data is currently over-collected,illegal collection,abuse,disclosure and other serious situations,which has a significant impact on civil rights,and even poses a threat to national security,social and public interests.Although the current legislation on personal information in China has been formally incorporated into the legislative plan of the 13 th Standing Committee of the National People's Congress,there is no unified understanding of the legislative concept of personal data protection and the types of personal data.In the future,whether the Personal Information Protection Law of our country needs to protect personal information in a typed way,and draw lessons from the classification of sensitive and non-sensitive personal information outside the country,so as to protect sensitive personal information in a special way,there are different opinions at now.There are different opinions even in the representative Law on the Protection of Personal Information(Draft Expert Recommendations).For example,the expert proposal drafted by Zhou Hanhua did not introduce this classification in the early days.In the recently drafted expert proposal by Professor Zhang Xinbao,the classification is explicitly introduced.At the same time,he regards the principle of special protection of sensitive personal information as an important basic principle of personal information protection and sets up corresponding special protection rules.In addition,there are many differences in the definition of sensitive personal information between experts who oppose or support the introduction of this classification in legislation.The Platform for Action to Promote the Development of Big Data issued by the State Council points out that "the convergence and integration of information technology and economy and society has led to the rapid growth of data,and the data has become a basic strategic resource of the country".Because personal data is a very important development resource in the era of big data,how to make rational use of it on the basis of protecting personal data is particularly important.Therefore,when studying the legal protection of personal data typing,scholars should not only pay attention to human rights protection,but also maintain national security,and give consideration to promoting the rational use of data and industrial development.Guide by this,the protection of personal data is analyzed and studied in the following four chapters.The first chapter is the introduction which puts forward the problems,background and research methods that need to be studied.In the second chapter,comparing the definition of personal data at home and abroad,analysing the relationship between personal data,personal information and personal privacy,defining the concept of personal data,and further analysing its specific characteristics.At the same time,it summarizes and explains the classification of personal data types,and combines foreign experience with China's actual situation,puts forward the idea that our country can legally protect sensitive and non-sensitive personal data.In the third chapter,by comparing the current situation and problems of sensitive and non-sensitive personal data protection in the United States,the European Union and China,the concepts of sensitive and non-sensitive personal data are put forward.The fourth chapter puts forward some suggestions for improving the legal protection of non-sensitive personal data and a dynamic balanced protection model of sensitive personal data on the basis of the third chapter.It also provides some suggestions on how to protect personal data based on sensitivity distinction in the future legislation of personal information protection.