Research On Legal Rules Of Third Party Data Utilization In Public Security Administrative Law Enforcement

In the context of big data,social activities are showing a trend of digitization and complexity.In order to better cope with this social phenomenon,it is indispensable for public security organs to use third-party data in their administrative law enforcement process,and the scope and frequency of use is increasing day by day.However,the existing legal norms have few provisions on the use of third-party data by public security organs.In the absence of legislation,the continued use of data by public security organs is bound to cause a series of problems.Therefore,it is necessary and urgent to study the legal rules of using third-party data by public security organs.First of all,this article comprehensively clarifies the basic concepts,development status,and main issues,discusses related theoretical foundations,and then combines domestic and foreign legislative experience,and strives to find a way out for practical problems through theoretical research,in order to put forward constructive and operable suggestions for public security organs to use third-party data.This article is mainly divided into four parts:The first part is the basic concept of third-party data utilization and its legal regulations.First of all,this part explains the concept of data and its classification,discriminates and analyzes the concepts of data,material,information,and privacy,and at the same time determines the concept of third-party data.Then,on the basis of clarifying the basic concepts,the domestic and foreign general legislation on data utilization and protection is sorted out in chronological order,and the special legislation concerning the use of third-party data in the process of public security administrative law enforcement is also elaborated.The second part is the current situation and problems of using third-party data in the process of public security administrative law enforcement.First of all,this section explains the current status and field of the public security organs' use of third-party data,and then analyzes the existing problems,including the absence of law and regulations,data security,sources and standards,and the configuration of power and right to use data.The third part is the theoretical basis of using third-party data in the process of public security administrative law enforcement.This section mainly discusses the property rights attributes of data,the social obligation of property rights,the assistance obligation of law enforcement of third-party data subjects,the division of public welfare and private interests and their relativity and so on.It aims to provide correction for the current situation of practice and also provide a theoretical basis for the construction of legal rules below.The fourth part is the construction of legal rules for the use of third-party data in the process of public security administrative law enforcement.Under the premise of the comprehensive understanding of the basic concepts,current situation,and predicaments,by learning from the experience of foreign and domestic legislation and combining relevant theoretical foundations,this part aims to construct legal rules for the public security organs to use third-party data,and puts forward a theoretical framework based on basic principles,the scope of third-party data subjects and their rights and obligations,the power,obligations and scope of public security organs to use third-party data,and the accountability,relief and supervision mechanism of public security organs to use third-party data.