Research On The Use Of The Disclosed Personal Information In The Perspective Of The Principle Of Proportionality

In the information sharing environment,the processing of disclosed personal information is faced with legal difficulties.In practice,Chinese courts make different adjudication results on similar personal information processing disputes because of the imperfect processing rules of disclosed personal information.Theoretically,there are three theoretical difficulties in disclosed personal information: first,the scope of application of informed consent in the processing of disclosed personal information;Second,the identification of "reasonable handling" of disclosed personal information;The third is the limitation of two exceptions in the processing of disclosed personal information.With the emergence of different theoretical viewpoints in the academic circle,there is still no consensus on these three theoretical problems in the processing of disclosed personal information.In order to better regulate the processing behavior of disclosed personal information,we must respond to the three theoretical difficulties mentioned above.In view of the theoretical problems of consent disclosure in the processing of disclosed personal information,the limited consent rule is adopted,and the principle of proportionality is advocated to restrict the purpose and way of consent in the limited consent rule of disclosed personal information.In view of the theoretical difficulties of the identification of reasonable processing in the processing of disclosed personal information,it is proposed to introduce the principle of proportionality to restrict the purpose and way of reasonable processing of disclosed personal information.In view of the limitation standard of the two exceptions of the disclosed personal information,the author proposes to introduce the principle of proportionality to limit the "significant impact" of "individual explicit refusal" and "individual significant impact on rights and interests" respectively.