| How to use personal data in journalism activities can not only meet the needs of public interests and news purposes,but also avoid infringement of related rights and interests of personal data.It has become an urgent need to resolve personal data protection issues.However,it is regrettable that there are still many issues that need to be clarified when looking at the relevant legal rules of personal data and journalism activities worldwide.This research is based on improving the rules and systems for the use of personal data in journalism activities.Through analyzing and summarizing the existing legal texts,and combining the case experience of the European Union with more developed personal information protection laws and case law of Sata Media v.Finland,we analyzed the inevitability of using personal data in journalism activities and the conflict between personal data protection and freedom of information circulation,the conflict between personal data protection and freedom of the press and the conflict between personal data protection and the right to know.This research tries to find a more reasonable coordination method for these conflicts in order to improve the relevant legal system.The frame of this article is divided into four chapters.The first chapter summarizes the criteria for consideration in the final judgment of the European Court of Human Rights by sorting out and analyzing the Sata Media Case,and considers that it mainly depends on the purpose of publication,content,access to personal data and personal data.The form and consequences of the release are used to define the nature of behavior and measure benefits.At the same time,it raises issues of reflection and in-depth research in the Sata Media Case,such as what standards should be followed to maintain the freedom of the press and the protection of personal data.Another example is related to the use of personal data in journalism activities: the boundary between the protection of personal information and the freedom of expression of news,the purpose of the news,and the scope of the public interest.Among them,data journalism is based on datadriven reporting,and it has a more basic dependence on the use of personal data.Therefore,regulating the use of personal data in journalism activities is vital to the development of data journalism.Coordinating and balancing conflicts between rights in legislation,alleviating various rights conflicts and tensions in legal protection,and achieving a win-win optimization result are a key issue in the current personal information protection legislation process.The second chapter transitions from the discussion of legal issues on the practical level to the research on the definition of legal concepts and the analysis and analysis of conflicts of interest.The main problem of the first section is how news activities process and use personal information,so as not to infringe on the relevant data rights and interests granted to individuals by the Personal Information Protection Law.In other words,although the subject of news activities may infringe or actually infringe on the rights and interests of personal information,the law is based on the measurement of the protection of other equal rights,so that the news activities obtain the right to defend against infringement.The essence of the conflict between the protection of personal information and journalism activities is the conflict between the rights of the information subject given by the personal information protection law on their own information and the rights contained in news activities.In the second section,behind these conflicts of rights is discussed the conflict between the value of the personal information protection law and the value of news activities,and the conflict of personal information protection law interests and legal interests embodied in news activities.Behind the essence of this conflict,there are mainly three types of conflicts of interest: the conflict of personal information rights and freedom of information circulation,the conflict of personal information rights and freedom of the press,and the conflict of personal information rights and the public’s right to know.Section III further discusses the methods of coordinating conflicts: the application of the principle of measurement of interest and the principle of proportionality in legislation and justice may be effective in coordinating these conflicts.In response to various problems and conflicts arising from practice and theory,Chapter 3 attempts to draw on relevant experiences from areas where personal information protection laws are more developed and complete.First,Article 85 of GDPR,which regulates data processing and expression and freedom of the press,has made all EU member states pay attention to the use of journalism activities when formulating personal information protection laws.As in the Sata Media Case,many cases in the judicial practice of the European Union have pointed out the balanced standards and judgments for the norms of the use of personal information in the journalism of European countries.Second,Hong Kong clearly and specifically stipulates in Personal Data(Privacy)Ordinance.These experiences of case law and statutes have played a more important role in balancing the freedom of the press and the protection of personal data.It`s worthy of appropriate reference in our country.For example,the Personal Data(Privacy)Ordinance of Hong Kong in 1998 was the first special legislation in Asia and established a frame dedicated to the protection of personal information.In 2012,the regulations were amended,and Article 61 specifically provided for a journalism exemption system: news are not restricted by the 3rd data protection principle and the 6th data protection principle.However,there are also deficiencies in extraterritorial legal paths.Section 2 summarizes extraterritorial legislative and judicial experiences to localize it.The fourth chapter discusses the necessity and applicable principles of the defense rules for news activities infringing personal information in the Personal Information Protection Law,and evaluates the existing expert drafts.The first section mainly explains the three core principles of the principle of defense of infringement of news activities.The first is the principle of the right to know.The main body of news activities uses and processes personal information based on reports of national security,public affairs,and criminal cases.It constitutes infringement;the second is the principle of public figure defense.After the disclosure of personal information of public figures,after giving sufficient benefits to the measure,some of the personal information rights of public figures should be transferred to the public interest.The personal information of public figures is processed and used,and is exempt from legal responsibility;the third is the principle of personal information to identify and defend,which refers to the data used by the main body of news activities to identify and process,making personal information unable to identify personal data,Exempt from accountability for personal information protection laws.The second section points out that due to the relatively fragmented legislation on personal information protection in China,and currently there is no specific personal information protection legislation,the relevant expert recommendations do not provide relevant provisions on the use of personal information in news activities,nor do they regulate the use of personal information in news activities.Infringement defenses are considered.The personal information protection law is not only a "protection" method,but also a "utilization" method.In order to balance the interests of all parties,it is necessary to make specific provisions on the use of personal information in news activities and clarify the scope of relevant legal concepts. |
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