A Study On Legal Issues Of Fair Use Of Personal Information

Although our country has established a system for the fair use of personal information,since this system was born in the era of digital economy,the "Civil Code" only provides a framework for the system for the fair use of personal information,and the "Personal Information Protection Law" does not provide for personal information The fair use system has been improved to a large extent,so the system is still in the preliminary stage of construction,and the details of the relevant system still need to be improved.The Douyin case in practice and the case of Yang XX and Feicheng Real Estate Administration Bureau of Shandong Province all reflect that there are still some legal problems in the system of fair use of personal information.First of all,the connotation of the system of fair use of personal information has not yet been defined.Since the law does not clearly define the fair use of personal information,there are many disputes in the theoretical circle on the definition of the connotation of the system.The system of fair use of personal information should be different from the licensed use with the consent of the right holder,and also different from the use of anonymized processing,and does not necessarily exclude commercial use.The system of fair use of personal information shall mean that the personal information of civil subjects may be used without the consent of the obligee for reasonable purposes and purposes without causing unreasonable damage to the obligee of the personal information.Second,the circumstances of the fair use of personal information for the public interest need to be further clarified.At present,Chinese laws only generally stipulate that the personal information of civil subjects can be fairly used for public interests.However,there is too much room for interpretation of public interests,and it is difficult to reach an agreement in judicial practice.Therefore,the fair use of personal information for the maintenance of public interests can be specifically divided into fair use for the maintenance of national interests and fair use for the maintenance of social public interests,and then on the basis of referring to legislation in related fields outside the territory and defining the connotation of national interests and social public interests,the specific circumstances of the fair use of personal information for safeguarding national interests and social public interests are respectively described.Fair use for safeguarding national interests may include use for safeguarding national security,national defense,etc.,and fair use for safeguarding social and public interests may include use for safeguarding public security,economic or financial interests,data industry development,etc.Finally,the legal provisions on the fair use of personal information for the benefit of civil subjects are not perfect.The "Civil Code" only stipulates that personal information can be fairly used for the interests of the natural person,and does not specify the specific circumstances.Although the "Personal Information Protection Law" expands the scope of the subject protected by fair use to a certain extent and stipulates that personal information can be fairly used for the interests of other civil subjects under certain circumstances,it is limited to very few cases and the fair use of personal information for the interests of civil subjects is limited.Therefore,it is necessary to enrich the circumstances of the fair use of personal information for the interests of civil subjects,and the circumstances of the fair use of personal information for the interests of the natural person should be refined,which may specifically include the realization of the data subject's request and the inability to obtain the consent of the data subject in an emergency.It should also expand the cases of fair use of personal information for the interests of other civil subjects,including the legitimate interests pursued by controllers or third parties,and the use of contract signing and performance.