Legal Challenges and Countermeasures of Changes in Purpose of Data Processing
The principle of purpose limitation requires information processors not to further process data that is incompatible with the original purpose.The development of big data and artificial intelligence has challenged this principle.Big data analysis uses different algorithms to analyze data,and artificial intelligence requires the reuse of data to create new value by training the data it holds.To change the purpose of data processing,a new balance must be established between the protection of the basic rights of information subjects,risk control and innovation promotion.In order to provide a certain degree of flexibility for further processing of data,a theory of compatible use is constructed through scene consistency;the use of data for scientific research and statistical purposes is presumed to be compatible,thereby releasing the value of big data analysis and improving the predictability of laws.Going one step further,shape the purpose of data processing through code to change the behavioral norms for reusing data.The concept of data protection by design and by default believe that the code structure can use data processing scenarios to build the principle of purpose limitation into the information system,and ensure the compatibility and legality of data re-use through organizational and technical safeguards,and ensure data security.
the principle of purpose limitationcompatibilitychange of purposedata protection by design and by default
万方数据
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