The legal protection dilemma and path optimization of personal whereabouts information
As an important type of information,personal whereabouts information embodies the values of personal dignity and freedom,commercial value,and public management value.In China,it has been categorized as sensitive personal information and granted special protection.However,current laws in China lack a clear definition of the connotation of personal whereabouts information.Issues such as the weak application of the informed consent principle,ineffective supervision by regulatory authorities,and inadequate infringement relief mechanisms are common in the field of personal whereabouts information protection,seriously affecting the safeguarding of the personal information rights of information subjects.Through the study of existing theories and practical experiences,it can be concluded that personal whereabouts information possesses characteristics such as direct identifiability,temporal correlation,physical spatiality,and exclusion of technological limitations,which provides reference for defining its legal connotation.Based on the experience of other countries,this paper points out that it is necessary to optimize the pre-event,in-event,and post-event protection paths for personal whereabouts information.This can be achieved by activating the role of pre-event risk prevention mechanisms for personal whereabouts information,optimizing the supervision and governance mechanisms for personal whereabouts information,and establishing diversified dispute resolution mechanisms for personal whereabouts information disputes.In this way,a necessary balance between the protection of personal whereabouts information and the development of the data industry can be achieved.
personal whereabouts informationpersonal information protectionprinciple of informing and agreeingpersonal information supervision
国家科技期刊平台
NSTL
万方数据
