Personal Information Protection in Remote Network Inspection from the Perspective of the Proportionality Principle
The introduction of The PRC Personal Information Protection Law further promotes the concern of different sectoral laws on the protection of personal information,and there is an urgent need to realize the or-ganic convergence of the laws.The remote investigation of the network involves massive amount of data,the challenges of direct perception of the content,the delocalization of space and time,and the secrecy of the data collection.These characteristics directly determine the scope of data extraction,the opening of the black box of information and the limits of the discretion of investigators,which makes remote investigation of the network a challenge in the process of personal information protection.In the network society,the application of the pro-portionality principle of faces the impact of the relative ambiguity of public security interests,the intangibility of network society interests,and the collective nature of the gains and losses of the network society,but it also provides an opportunity for the application of the proportionality principle.Therefore,this paper suggests that we need to respond with a substantial review of the relevance of purposes,a proportional minimization of data scope,and a hierarchical interest measurement.The protection of personal information in network remote sur-veys requires the construction of a review system in which the rules of appropriateness,necessity,and balance of network remote surveys are progressive to each other and complete in the hierarchy.
Network remote inspectionPersonal information protectionPrinciple of proportionality
万方数据
维普
