Applicable Dilemma And Resolution Strategies Of The Purpose Limitation Principle In Personal Data Protection

In the final analysis,the dilemma of the purpose limitation principle depends on the consent paradigm under the self-determination of personal data.Although there are differences in the value judgment and process setting of personal data utilization rules proposed by countries around the world,the theoretical basis remains consistent,are based on the traditional right to control personal data-that is,personal data belongs to individuals,and individuals have the right to decide whether others use or not use their own data.The system design was carried out under the qualitative nature of such production factors.The right to self-determination of personal data originated in Europe after World War II.In order to avoid the excessive invasion of public power to the private sphere and prevent the totalitarian tragedy from being rewritten,based on Article 8 of the European Convention on Human Rights,individuals should have the right to respect for private and family life.Personal data is protected as a right of personality.Individuals have the right to determine the extent to which their information is collected,used,and to which extent they can know what they think and what they do.The case judgment was made under the positioning of such personal data utilization rules.In the United States,personal data is essentially a legal expression of personal freedom.Its system design and empowerment methods demonstrate the individual's right to determine his own affairs in the private field.The information subject not only has the right to decide whether or not to use personal data.It is possible to commoditize your own information for negotiation and trading as property,but in general,consent is used as a legitimate basis for the processing of personal data and has been widely recognized.In order to improve the dilemma of purpose limitation,the above-mentioned countries have proposed their own reviews and alternatives,trying to design it as an open,procedural norm,so as to establish a balance between personal value,public value and personal data.Social value protection system for personal data adapted to the big age.The purpose limitation principle is a fundamental part of the entire big data utilization rule.We should face the dilemma of its application.Through in-depth legal analysis,we should construct a flexible and interpretable personal data collection and use rule.First,we need to break the inertia of thinking that consent is the precondition for personal data processing;second,we need to reconstruct the personal data utilization boundary through scene theory in path selection;finally,we can change the focus of personal data protection from the information collection phase to the practical phase Transfer,and at the same time replace the application of the principle of consent by giving the information subject afterwards a relief right,etc.,in order to maximize the use of personal data on the basis of reasonable protection of the information subject's rights and interests,and promote economic development and social progress.