Legal Protection Of Personal Data In Public Data Governance

In the era of big data,public power departments continue to accumulate data resources in the process of providing public governance and social services,making the overlapping range of public data and personal data increasingly expanded,which has brought a new impact on the protection of personal data.These impacts are mainly reflected in the public data governance,resulting in a series of problems,such as the expansion of the scope of personal data leakage,improper use of personal data,unclear allocation of responsibilities of public power departments to deal with public data,and aggravating the essential conflict between public data collection and personal data protection.To achieve the coordination of diverse interests,improve personal data protection,and achieve the transformation and upgrading of China’s governance system and governance capabilities,it is urgent to address these issues.Faced with the complex challenges of data protection,it is necessary to explore the reasons from the shortcomings of existing theories and the difficulties of judicial practice.On the one hand,existing traditional theories are no longer sufficient to provide comprehensive protection for personal data,and even have not explored solutions when personal data conflicts with privacy and personal information rights.Judging the ownership of data based on whether it can be recognized is too subjective,and balancing the conflict between personal data interests and public interests based on interest theory is no longer in line with China’s constitutional pursuit of human rights,Influenced by the uncertainty and subjectivity of the principle of proportionality,data processors often fall into the situation of difficult unified scheduling,which aggravates the friction between public data governance and personal data protection;On the other hand,examining the legal norms of personal data in China,the current efforts to protect personal data are constantly increasing,and the institutional structure is becoming increasingly perfect.However,there are still unclear aspects regarding the protection of personal data property attributes,the assumption of infringement liability,and the obligations of data processors.From the perspective of legal norms of public data,at the macro level,due to the absence of national legislation,public data is very likely to fall into the trap of concept piling.Local governments have launched beneficial exploration on data ownership and openness without touching the fundamental premise,but they have failed to solve the problem of personal data protection in essence.In practice,the lack of administrative supervision system has also brought greater limitations to data governance.In the context of China’s legislation being left blank and the increasing friction between public and personal data,it is indeed necessary to absorb and learn from the different legislative models adopted by the European Union and the United States for personal data protection at the macro level,and on this basis,open up a Chinese path that is in line with China’s national conditions.Specifically,the coverage of privacy rights should replace complex competing relationships,the contextualization of data ownership should compensate for weaker personal attributes and identification conflicts,and the limited derogation of personal interests should be used as a measure of interests.In the practice of the rule of law,attention should be paid to compensating for legislative deficiencies,strengthening administrative supervision,paying attention to the relief path of pre prevention and post compensation,and exploring a balance point to maintain the maximization of diverse interests in personal data,Ensure reasonable protection of personal data in public data governance.