Operational Logic of Personal Information Protection Regulatory Agency in China and Its Improvement
The selection of regulatory agency is relative to the objectives of personal information protec-tion.The specialized regulatory agency model emphasizes the importance of personal informa-tion rights and the role of government regulation,while the decentralized regulatory model,at-tempting to seek a balance between information rights protection and industrial innovation devel-opment,emphasizes the role of industry self-regulatory mechanisms.With their own advanta-ges,both models face implementation challenges,and should be established based on a com-prehensive evaluation of personal information protection goals,legislative model,enforcement tradition,industry self-regulatory level,and other factors.With a consideration of the goals of China's personal information protection and the actual situation of regulatory agencies,the cur-rent law has chosen a hybrid regulatory agency scheme based on multi departmental decentral-ized regulation and coordinated by the Cyberspace Administration of China.This has certain ra-tionality,but may still lead to such issues as lack of coordination,professionalism and objectiv-ity.Therefore,it is necessary to improve the scheme through strengthening the corresponding mechanism for information exchange and feedback,clarifying the coordination obligation and request right,and setting up a sound system of law enforcement qualifications and expert con-sultation.
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