Research On Differential Protection Of Personal Information

In the process of social development in China,personal information and social life are inseparable and play an irreplaceable role.With the development of information and economic globalization,and the gradual recycling of personal information,the use of personal information has become increasingly common.Personal information carries personality value,business value,and public management value.People protect information for the need to defend their own life and tranquility.Information industry users use information for the purpose of obtaining economic benefits.The government needs public management and public services.By using information,protection and utilization have become the two opposites of current personal information protection.The traditional protection of personal information only emphasizes protection,neglects the use of problems,and faces diversified interests and interests.If only one party's needs are met,it will inevitably lead to conflicts of interest.Based on this,traditional personal information protection is no longer universal,and we should open up new ways to protect personal information.The main purpose of this paper is the new path of personal information protection,that is,the distinction between protection.The author has combed and discussed the protection of personal information from four levels,including the current situation,theoretical basis,extraterritorial experience and implementation measures,in order to contributing to the overall development of personal information protection.The main contents of this article are as follows:The first part is mainly to explain the current situation of the protection of personal information in China.By combing relevant laws and judicial interpretations,it is pointed out that the existing laws do not stipulate the reality of the protection of personal information;On the other hand,through two judicial cases,summing up the focus issues,and drawing out the differentiated protection measures adopted by China in the judicial practice to balance the interests,which reflects the practical exploration of the protection and protection of personal information.On the basis of combing the current situation,the second part analyzes the defects of current personal information protection,and summarizes the problems of confusing personal information protection and privacy protection,unclear protection scope and protection of personal information,and neglecting the balance of interests;then,This paper analyzes the practical problems faced by personal information protection,namely the conflict of interest between information protection and information utilization.Finally,it expounds the practical positive meaning of personal information protection,that is,realizes the multiple value of personal information and balances personal interests and social interests.The third part summarizes the special protections including sensitive information,information processing rules,and different ways of responsibility,by enumerating the United States,Germany,Japan,and some international organizations or regions.On the basis of drawing on the beneficial experience outside the domain,we will explore the suitable protection methods in China.The fourth part proposes the typed protection of personal information.The way to distinguish the protection of personal information is typed protection,that is,the sensitivity is the standard,the personal information is divided into sensitive information and general information,the protection of sensitive information is strengthened,and the use of general information is encouraged.On the other hand,by insisting on the basic principles of equal emphasis on protection and management,determining the specific rules for the use of personal information,strengthening the self-regulatory supervision of information providers,and determining the different responsibilities of personal information infringement,the type protection is realized.