Administrative Law Protection Of Personal Information

In recent years,the issue of administrative law protection of personal information has received widespread attention at home and abroad.The rights and interests of personal information are deeply affected by information technology and are inseparable from the operation of public power,administrative organs use information technology to fully control society,how to deal with public power to protect private freedom has become a basic issue that must be faced by the construction of the rule of law in various countries in the information society.In the information society,the protection of personal information has always been closely related to the exercise of public power.Because the government involves a large amount of personal information in the process of exercising administrative power,it can be said that the government is the largest collector and user of personal information.In the future social governance,administrative organs will rely more on big data technology,and the amount of personal information they control will be larger and the content will be more detailed.Therefore,in order to overcome the greater threat to citizens’ personal information rights and interests,it is particularly important to effectively regulate the personal information handling behavior of administrative organs.Because about the importance of personal information protection in China started late,so the protection of personal information in our country administrative law system construction has not keep up with the pace of the era of large data,still exist in administrative law protection system is imperfect,the administrative subject of personal information collection and utilization of procedure is not standard,the personal information protection administrative relief system is not sound,and many other problems.There are many reasons behind the lack of targeted,accurate and effective regulations in the operation of public power,such as the unclear judgment standard of "public interest" from the perspective of administrative law,the concealed behavior of information infringement,and the lack of internal accountability standard after the administrative subject is negligent in performing its duties.Administrative organs cannot collect and use personal information without restraint,and the legal system protected by the Administrative Law on Personal Information always revolves around the restriction of administrative power.As far as administrative organs are concerned,they should collect and use personal information within a reasonable limit for the needs of administrative management;at the same time,they should also establish reasonable legal constraint mechanisms to standardize the procedures for the exercise of public power and not interfere excessively in private life.Some countries and regions outside the region have started their theoretical research and practice on personal information protection earlier,and the administrative law protection system is relatively perfect,so China can improve the administrative law system for personal information protection on the basis of national conditions and by drawing on advanced experience outside the region,continue to build the personal information administrative law protection system from the perspective of interpretation,and enhance the independence and professionalism of the departments performing personal information protection duties;in procedural norms,clearly apply a series of basic principles.Legal rules regulate the specific procedures for administrative organs to collect and use personal information;in ex post fact relief measures,expand the scope of application of administrative reconsideration and administrative litigation,and give play to the advantages of the administrative public interest litigation system for personal information.Ultimately,promote the construction of China’s personal information administrative law protection system,so that public power can operate smoothly on the track of rule of law.