The Application And Improvement Of The Principle Of Purpose Limitation In The Processing Of Personal Information

The purpose limitation principle is the general principle of the personal information protection law in all countries in the world.Its purpose is to check and balance the dominant information controller and protect the legitimate rights and interests of the information subject through the mandatory requirements of the information subject and the information controller to fulfill the purpose and use restriction.However,with the advent of the era of big data,the principle of purpose limitation has been severely challenged.On the one hand,due to the strong position of the information controller and the reason of information collection technology,the personal information right of the information subject is seriously violated.On the other hand,the effective circulation of personal information has an impact on social development,and strict purpose limitations will form huge economic and social costs,thus restricting the development of the information industry and affecting social welfare.Therefore,how to solve the dilemma of dual nature has become an unavoidable problem in front of us.What is the basic purpose of information collection?Should prohibition be the principle or should free use be the principle?Can technology advance at the expense of rights?This series of problems not only involve legal norms or logical deduction,but also involve the reasonable allocation of rights and obligations between information subjects and information collectors,as well as the contradiction and balance between protecting the information interests of private subjects and developing the information industry.In order to adapt to era development,solving the use of personal information,build a scientific and reasonable,to adapt to the era of the development of the personal information protection architecture helps strengthen the personal information protection in China,and from the data objectively promote the industry development,is the objective requirement of the early movers in the era of big data in our country,it is of great significance.In this paper,literature analysis,empirical analysis,comparative analysis and other research methods are comprehensively applied.Firstly,the concept and origin of the principle of personal information right and purpose limitation are simply sorted out.Then it analyzes the double attribute dilemma of personal information by empirical method and analyzes the causes of the practical dilemma of the purpose limitation principle based on the empirical method.Then through the comparison of extraterritorial and relevant legislation in China,the author tries to find out the experience and possible way to solve the limitation of purpose principle.Finally,on the basis of fully summarizing the existing theoretical research and legislative exploration,the paper constructs the system of the purpose limitation principle of our country.This paper is divided into four parts:The first part introduces the basic connotation,origin and attribute of personal information right,and probes into the principle system and classification mode of personal information right.The second part explores the origin of the principle and its legislative provisions in China,and introduces the core value of the principle.The third part analyzes the causes of the dilemma of personal information protection through empirical methods,and on this basis divides the various problems that the purpose limitation principle faces in practice.The fourth part sorts out the provisions of the principle of restriction on purpose in the current EU personal information protection legal system,analyzes its characteristics,and finds out its remaining problems.On this basis,starting from the dual obligation of informing and legally keeping contract of the purpose limitation principle,the necessity of the classification and protection of personal information is investigated from the two dimensions of private and public attributes of personal information,and the application scope and implementation mechanism of the purpose limitation principle are reconstructed based on this classification.