A Research On The Legal Protection Of Personal Information

Data has become an important resource for social development in the era of big data,and the value of personal information as a source of data is constantly increasing,and the personal information protection issues arising from it have gradually become prominent.Compared with the private law protection of personal information that is widely discussed in academic circles,the author believes that the protection of personal information should be discussed from the perspective of public law.In particular,the important role of the administrative body in the protection of personal information cannot be ignored.In the legal relationship of personal information,the administrative subject has a special position.The administrative subject has the right to collect and use personal information within the scope of the statutory authority based on its statutory power of administrative authority.At the same time,as a public authority that maintains social order,it naturally has the obligation to protect citizens’ personal information.Research on the protection of personal information mostly focuses on the field of private law,advocating that data subjects be given more data rights.However,in the face of the rapid development of information technology in the era of big data,personal efforts are often inadequate.Compared with huge data processors,individuals are in an absolutely disadvantaged position,even if they are given more information rights.The legal rights and interests of personal information cannot be fundamentally protected.Therefore,the voice of public law protection of personal information is emphasized.Higher and higher.Regardless of whether it emphasizes the protection of personal information by private law or public law,most of the researches focus more on the subjects of private rights,while the degree of attention on the administrative subjects is not high.In fact,the amount of personal information collected and used by administrative entities is huge.my country is working hard to build a digital government and has made remarkable achievements,but we should still see the problems that arise.At present,regarding how administrative entities handle personal information,how to improve the problems in personal information processing,and respond to public concerns,both legislation and research have not paid enough attention.In response to the above phenomenon,after analyzing the current status of domestic and foreign research on the handling of personal information by administrative entities,through the "Civil Code","Personal Information Protection Law(Draft)" and other relevant provisions,first clarify and elaborate on personal information The connotation of administrative processing.Then it summarizes and sorts out the current normative status and practice status of the current administrative bodies in handling personal information,and carefully analyzes the deficiencies in the status quo.Then,through the thinking and analysis of the current situation of the administrative processing of personal information,under the overall perspective of the administrative processing of personal information,around the current personal information protection issues that are of great concern,the problem of insufficient protection in the administrative processing of personal information is discovered,focusing on These key issues,analyze the reasons for these issues in the administrative processing of personal information.Finally,in response to the above-mentioned problems,a specific path to solve the problem is proposed from the perspective of the construction and improvement of the legal system.In addition,when my country’s "Personal Information Protection Law" is about to come out,it expresses the expectation for the establishment of a new type of personal information administrative processing mechanism within the framework of the digital government in the era of big data.According to the "Personal Information Protection Law," re-establish and improve the specific systems for different administrative entities to handle personal information within their administrative powers,and do a good job in the connection between entities and procedures,which will better achieve the balance between personal information processing and protection,and more Excavating the value of data to a large extent will also be more conducive to the construction of digital government,and the government’s governance ability and governance level will be upgraded to a higher level.