Research On The Administrative Protection Obligation Of Personal Information Security In The Digital Age

With the advent of the digital age,the application of new technology needs to collect and process personal information,and personal information has become the most valuable resource.At the same time,more and more commercial personal information processors and administrative organs infringe on citizens' personal information,and the security of personal information is worrying.However,the lack of performance of administrative organs in protecting personal information security is due to its unclear administrative protection obligations.Therefore,we need to understand the definition,classification,characteristics,legal attributes of personal information and the risks of personal information security,and then analyze the theoretical basis and legal basis of the administrative protection obligation of personal information security.It is concluded that personal information rights and interests are the basic rights of citizens,and administrative organs have the obligation to protect them,And the duty of administrative protection is the legal duty of the administrative organ.At the same time,we also understand the positive and negative obligations of the administrative protection obligation,and provide specific direction for the administrative organs to fulfill their obligations.However,there are some difficulties in the realization of the obligation of administrative protection of personal information security in China,such as the lack of systematic legal system,the lack of independent full-time competent departments,the lack of effective regulatory measures for commercial personal information processors and the lack of self-regulation of administrative organs.After learning from the administrative law protection system of the United States,the European Union and Hong Kong,Macao and Taiwan on personal information security,this paper puts forward some suggestions for China to realize the obligation of administrative protection of personal information security,that is,to set up an independent "Personal Information Protection Committee" and establish its law enforcement leadership of personal information;Classify the personal information and protect the sensitive personal information separately;To strengthen the supervision of commercial personal information processors,administrative organs can set up administrative licensing system and risk assessment system,set up law enforcement team,impose high fines,formulate departmental rules in key areas,establish civil public interest litigation system for personal information protection and implement industry self-discipline mode;For the administrative organs and internal personnel,they need to bear the legal responsibility of infringing personal information security,improve the existing administrative relief channels and establish the administrative public interest litigation system of personal information protection.Through the above systematic administrative law protection system,we can ensure that the administrative organs can realize the administrative protection obligation of personal information security and safeguard the basic rights of citizens' personal information security.