Study On The Protection Of Personal Information Under The Perspective Of Online Judgment Documents

Influenced by the rapid development of information network technology,the system of online disclosure of adjudication documents has emerged.As an important part of judicial openness,the online disclosure of adjudication documents can effectively protect the public’s right to know and strengthen the construction of social integrity,but also inevitably brings about the disclosure of personal information of the parties and other related persons.Based on this,it is of great theoretical and practical value to realize the effective protection of personal information,fully protect human dignity and realize personal freedom in the context of online disclosure of judicial documents.In recent years,in order to effectively protect personal information,although China’s judicial interpretation has been from a number of aspects of the rules for the protection of personal information before and after the Internet,but by examining the existing norms and judicial practice,it was found that the personal information protection system in the context of the Internet still has the following three aspects of the problem: First,the rules for the protection of instruments before the Internet is not perfect.The protection rules of sensitive personal information,including personal information of minors and medical and health information,as well as the lack of protection rules for three types of personal information,namely,ethnicity,occupation and education;secondly,the supervision mechanism after the instruments go online is not sound.Existing provisions only on the supervision of the main body,the responsibility of the main body made brief provisions,but there is still a single subject of supervision,the lack of specific supervision procedures,the public feedback channels are not open;Finally,the withdrawal mechanism has been online instruments is not perfect.Withdrawal of the start of the main provisions of the unreasonable,the lack of review mechanism for the withdrawal of instruments,the lack of clear provisions for the follow-up processing of the withdrawal of instruments outstanding problems.In recent years,in order to effectively protect personal information,although China’s judicial interpretation has been from a number of aspects of the rules for the protection of personal information before and after the Internet,but by examining the existing norms and judicial practice,it was found that the personal information protection system in the context of the Internet still has the following three aspects of the problem: First,the rules for the protection of instruments before the Internet is not perfect.The protection rules of sensitive personal information,including personal information of minors and medical and health information,as well as the lack of protection rules for three types of personal information,namely,ethnicity,occupation and education;secondly,the supervision mechanism after the instruments go online is not sound.Existing provisions only on the supervision of the main body,the responsibility of the main body made brief provisions,but there is still a single subject of supervision,the lack of specific supervision procedures,the public feedback channels are not open;Finally,the withdrawal mechanism has been online instruments is not perfect.Withdrawal of the start of the main provisions of the unreasonable,the lack of review mechanism for the withdrawal of instruments,the lack of clear provisions for the follow-up processing of the withdrawal of instruments outstanding problems.In response to the above-mentioned problems,the following three aspects should be improved: First,the rules for the protection of personal information before the instruments are put online should be improved.The protection of different types of personal information should be strengthened by achieving comprehensive protection of personal information of minors,improving the protection rules of medical and health information,and exploring the protection rules of other personal information.Second,improve the supervision and accountability mechanism after the instruments are put online.Through the establishment of internal and external supervision of a combination of diversified supervision mechanism;open channels for feedback on the supervision of the public;improve the accountability mechanism for the problematic instruments that have been put online,to achieve effective supervision of the work of the court instruments online.Third,improve the online instrument withdrawal mechanism.By refining the rules of instrument withdrawal,including a clear instrument withdrawal of the initiating subject,can withdraw the scope of the instrument,improve the review mechanism of the instrument withdrawal and followup measures to regulate the instrument withdrawal process.It is believed that by improving the above rules,we can achieve strong protection of personal information under the premise of balancing the value of online disclosure and personal information protection of adjudication documents.