Improve personal information protection system and promote the development of big data industry
Author: Fuping, professor of East China University of Political Science and Law, director of Big Data Policy and Law Research Center
To promote the application of big data in the development of the industry, the "National Engineering Laboratory of Big Data Circulation and Trading Technology" was officially settled in Shanghai on July, with the approval of the National Development and Reform Commission. The laboratory consists of data from Shanghai Trade Center Co., Ltd., China Internet Information Center, China Unicom Group, Fudan University, and China Information and Communication Research Institute. It focuses on the development of national strategic big data and digital economy, key common technologies, big data industry, and vertical governance system to carry out data flow application technologies, standards and legal norms for cooperative research.
Personal information protection is the premise of big data application. The policy and legal research center of big data laboratory, together with relevant big data industrial organizations, repeatedly demonstrated the proposal of "improving the formation of personal information protection system and promoting the development of big data industry". On September,, Shanghai Jing'an International Big Data Forum closed the expert meeting, discussed and finalized the draft, and released the name to the public in Shanghai Consensus.
The value of information lies in its use
With the entry into the era of network, data and intelligence, big data technology has not only brought innovation in science and technology and business models, but also brought changes in management decision-making models. In the era of big data, information has become a very important resource, while personal information and personal data involve the integrity of individuals and identify individuals, which is an important part of using big data. Now, it has become an inevitable trend of social development for personal information and social mobility. The commercial and political activities collected and used are inseparable from the social activities of personal information, and have given birth to a special data collection, processing and other data services.
Personal information belongs to individuals, and the law must provide effective protection. In order to obtain and use personal information in the enterprise, the enterprise should follow the internationally recognized code of conduct, that is, the principles of legality, fairness and necessity. On the premise of following the guidelines, it is a legitimate business practice to collect personal information of customers or users for legitimate business purposes or contractual purposes in enterprise activities. Exceeding the code of conduct, including the third party of the contract (i.e. circulation), may lead to personal information disclosure, leakage, leakage or improper use, illegal use, and even endanger personal safety and property, which should be prohibited. All countries in the world have enacted personal information protection laws to regulate the collection and use of personal information, promote the circulation of personal information, and protect the basic rights of individuals.
China has not yet established a civil and administrative protection system for personal information, only in the Criminal Law Amendment (VII (Version No. Here, after being called Article of the Criminal Law, it further stipulates more specific crimes of personal information infringement and sentencing, clarifies whether the penalty is applicable to the boundary, and correctly applies the criminal law. There is no doubt that the provisions of the Criminal Law have curbed the rampant means of production of the underworld, various criminal acts have infringed on the use of personal information, protected the basic rights of individuals, and it is of great significance to maintain the use of the right order of personal information. However, in the actual situation, many legal and illegal acts of personal information, the boundaries between crime and non crime are not clear, and the use of personal information by enterprises is still in the face of legal ambiguity.
The revised law takes the protection of consumer information as the responsibility of the business management department for the protection of consumer rights and interests. On September,, the "Network Security Law" came into force, and personal information was included in the protection scope of "network information security", becoming the supervision, telecommunications, public security and other relevant departments of the national network information department.
