Research On The Legal Exemption Of Personal Information Protection

The term "exemption" refers to the law to avoid or exempt the obligations,responsibilities or other requirements that other subjects must comply with,and is generally specific and applicable in exceptional circumstances.Specific to the field of legal exemption of personal information protection,there are exceptions where certain forms of violation of personal information rights are exempted from liability due to legal provisions.In the information society,the protection of personal information is of great significance for natural persons to participate in social life freely,safely and with dignity,and is closely related to social development,public interest and national security.The original personal information protection model was in trouble under the influence of technological risks and the alienation of the mechanism:On the one hand,privacy policies are increasingly showing the characteristics of mandatory compulsory,formalized and generalized authorization;on the other hand,the development of information tracking technology,re-identification technology,and security technology poses a threat to the protection of personal information.Facing the current situation of personal information protection under the new situation,the research on the legal exemption of personal information protection is expected to become a new breakthrough point.Legal exemptions should not be limited to restrictions on the right to personal information and breakthroughs in the protection of personal information.Their existing positioning should be transformed into a conventional system that coordinates the protection and use of personal information.The system design for the legal exemption of personal information protection can be adjusted and applied in different fields such as commercial use,national security,and public interest to form effective regulations to achieve a win-win situation in the protection and use of personal information.The implementation path of the personal information protection legal exemption system in line with current practice includes:correcting the alienated informed consent mechanism;breaking through the solidified security-oriented thinking;clarifying the basic principles of legal exemption;planning and designing the content of the expected Personal Information Protection Law.This article studies the legal exemption of personal information protection in order to help the harmonious coexistence of personal information rights and other values and promote development in the era of big data.