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On The Identification Of Excessive Collection Of Personal Information

Posted on:2021-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:M R TianFull Text:PDF
GTID:2416330614454254Subject:legal
Abstract/Summary:PDF Full Text Request
The problem of excessive collecting personal data is one of the most serious problems of illegality and violation at the fist stage of personal information processing activities.Therefore,it is urgent to put forward practical methods for the problem.However,because the principle of necessity is too simplified as the core principle to deal with the problem of excessive collection of personal information and the relationships between it and the principle of notification and consent is misaligned,the concept of excessive collection is confused,which will cause that many high-risk behaviors that may infringe on the rights and freedoms of personal information subjects cannot be included in the problem of excessive collection of personal information.Regulators and national standard-setters have been partially aware of the existence of the above-mentioned problems,issued a series of policy documents and national standards to try to identify and crack the problem,to implement the requirements of the principle of necessity.But the "type-and simple example" method they approach is too weak to deal with the problem of excessive collection.what we need is a more powerful and practical systematical plan.In view of the above-mentioned outstanding problems,a targeted examination of extraterritorial related experience,on the basis of abandonment,reveals that the essential characteristics of the problem is the violation of the proportionality and clarifies the determination scale with the principle of necessity and the principle of proportionality as the core.In the specific identification and cracking method,we firstly needs to identify the objective measures and their alternatives,then through the effectiveness test,risk minimization treatment,proportional treatment of four steps,and combined with the specific examples of the way to explain the specific method,the problem of excessive collection of personal information would be solved.
Keywords/Search Tags:personal information, excessive collection, principle of necessity, principle of proportionality
PDF Full Text Request
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