On The Conflict And Balance Between The Protection And Utilization Of Personal Information In My Country

With the continuous advancement of the information process,the value of information has become increasingly prominent.Personal information is not only related to personal dignity and freedom,as a kind of information,once separated from the information subject and transferred to the public space,it will become a social resource.This kind of resource contains the information subject’s demand for personal information protection and the information service provider’s demand for information utilization.The traditional personal information protection system in China takes the protection of personal information as the core value orientation,which often ignores the information service providers’ demands for information utilization,and it is difficult to maintain a balance between the protection of personal information and the promotion of information utilization.Three typical cases in judicial practice see that clarity,concreteness and operability are lost in the application rules of the scope of personal information,which leads to the fact that new personal information such as network behavior data of natural persons can not be protected by law;the information utilization behavior in judicial practice is mostly improper,but lack of legal constraints;and the personal information responsibility of information controllers The lack of perfect provisions of the responsibility to protect,resulting in some personal information violations to escape legal sanctions.Through combing the current legislative documents in China,we find that although there are provisions on the protection of personal information in many laws,there are still the following deficiencies: the legislative system is scattered,lack of special legislation;the expression of the balance of interests between the protection and utilization of personal information is vague,lack of specific provisions;although there are many normative documents,the legal rank is not high,and the legal rank is high The normative documents are either mere formality or only declarative provisions,which do not have operability.By analyzing the practical problems of the protection and utilization mechanism of personal information in China’s judicature and legislation,the author puts forward the following suggestions to ensure the balance between the protection and utilization of personal information in China,so as to further improve the future legislative work and judicial practice: first,we should speed up the construction of the legal mechanism with the "personal information protection law" as the core to ensure the full supply of personal information The second is to improve the regulation of the scope of personal information and the use of information,including the network behavior data and other new personal information into the scope of legal protection,and make specific provisions on the information use behavior and the corresponding obligations and responsibilities of information service providers,so as to guide the use of information The third is to clarify the rules of personal information infringement,and strengthen the control of information infringement by applying different tort imputation principles to the infringement subject and clarifying the corresponding exemption reasons.Fourth,we should adhere to the concept of paying equal attention to the protection and utilization of personal information.While strengthening the protection of personal information,we should also give full play to the demand of information utilization,so as to better realize the goal of "Building Digital China" in the 14th five year plan.This paper analyzes the dilemma of the above-mentioned personal information protection and utilization mechanism in the judicial,combs the deficiencies in the legislation,and puts forward corresponding suggestions from the perspective of legislation and judicial application,so as to provide useful reference for the future legislative work and judicial practice.