Research On The Principle Of The Necessity Of Personal Information Collection

Under the background of big data's era,China has developed rapidly in network technology,and efficient and convenient means of online payment are in a leading position in the world.But the problem we must face is that the western countries do not have the ability to build an online payment framework,but because of various legal reasons or risk controllability,the application of the technology has not been promoted.In our country,mobile Internet,big information,cloud computing and other technologies not only develop very rapidly,but also can quickly integrate with traditional industries,but the legislation of network information security and personal information protection in our country is relatively lagged behind.For example,since 1997,the Internet in our country has entered explosive growth,but the Law on Network Information Security has been published later than 7 November 2016,and the collection of personal information has not been clearly defined,and the principles of use have been clearly defined,Article 41 states that "the collection and use of personal information by network operators shall follow the principles of legality,impartiality and necessity",but it is not necessary to collect and use personal information.The principle of sex(hereafter collectively referred to as the "necessity principle")makes further provisions,or makes it impossible or inconvenient for the court to make a decision on the basis of this clause in hearing cases of infringement of personal information.Compared with the case law countries,the United States spreads the protection of personal information into different industries.China should be more suitable to adopt the uniform legislative model as in European countries.However,the European model pays attention to the involvement of public power in the collection of personal information and the processing principle is relatively abstract,which will lead to a rigid phenomenon in the implementation of the law.So the definition of necessity principle is to break this rigid phenomenon,so that personal information is violated because of excessive collection of standards can be relied on.The principle of necessity limits the information required for the implementation of services or functions provided by information collectors in terms of depth and breadth,and the scope and type of personal information collection should conform to "directly relevant and irreplaceable" criteria.Shrink the boundaries of personal data collection from "including but not limited" to "if and only if".The criteria directly related to the purpose of information collection,the content of legitimate personal information is allowed to be collected;The connotation of the irreplaceable standard is to minimize the amount of personal information collected,and to prohibit the collection of higher information intensity information when personal information with lower information intensity can accomplish its purpose.To realize the necessity principle,it is necessary to clarify the obligations of information collectors,to strengthen the true validity of informed consent as the premise,and then to define the necessity principle with the necessary technical means for personal information collection.To define,in the manner in which the principle of guarantee necessity is carried out,the information necessary for the realization of a specific service by means of a joint effort of social supervision or regulatory bodies,While advocating industry self-discipline,we should introduce the supervision of public power to industry self-discipline at the same time,but not directly control the enterprise itself.Besides,the enterprises need clear division of labor and responsibility system,and should also establish the corresponding supervision system.