Balancing System and Practical Implementation of Personal Information Protection Law
Although Personal Information Protection Law has made"protection and utilization of personal informa-tion"a dualistic legislative goal,the balance remains difficult in practice.The"balancing method",which collects and weighs different interests and values,and makes decisions after comparing the positive and nega-tive points of view,has become the best tool to face the challenge.Based on overseas experience and Chinese practice,a"two-stage,four-tier"balancing system has taken shape,following the logic of balancing argument and the principle of functional differentiation of state organs.In the first-order stage,the law helps individuals and personal information processors to carry out self-trade-offs based on the"market mechanism";in the sec-ond-order stage,the legislature first forms an objective value order based on the"proportionality mecha-nism",and then the administrative organs adopt the"contextual mechanism"and the"risk mechanism"to es-tablish the balancing rules for the classification of personal information,and finally,the judiciary will make case-by-case adjustments based on the"good faith mechanism".The balancing system for the protection and use of personal information transforms the uncertainty of the balancing method into a rationalized decision-making process that can be demonstrated,and ultimately realizes the appropriateness and predictability of the balancing.
Personal InformationBalancing SystemProportionality MechanismRisk MechanismContextual Mechanism
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