On the Rational Use of Personal Information in Government Data Opening
The behavior of processing personal information in the government data opening should be adjusted by the Personal Information Protection Law,but there are some differences in the goals of government data opening and the Personal Information Protection Law.The informed consent rule in the Personal Information Protection Law cannot fully prove that the behavior of processing personal information in the government data opening is legitimate,and the further introduction and full interpretation of the fair use rule can provide a legal basis for the behavior.Under the adjustment of the double rules of informed consent and fair use,the behavior of open processing of personal informa-tion in government data should follow the guidance of the rule of law principles such as"legal,legitimate and neces-sary";The nature of personal information,the purpose of processing personal information and the impact of the"three elements"should be set as the specific criteria for judging whether the processing of personal information constitutes fair use;In the way of application,personal information data should be classified and graded open ac-cording to different types and levels of public interest.
government data openingpersonal informationbasis of legalityfair usepublic interest
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