The Structure and Boundary of Government's Power of Data Collection from Platforms
Driven by such multiple purposes as case investigation,industry supervision and administrative decision-making,the government obtains platform data in various ways such as mandatory access,requiring enterprises to re-port and port access,etc.In view of administrative interference in platform's rights and interests in data assets,op-erational autonomy,and personal information rights and interests,the structure and boundary of the governments power of data collection from platforms should be clarified.In different scenarios,the government's collection of da-ta presents a mixture of administrative investigation,administrative inspection and newly emerged power patterns,re-sulting in the problem of separating legal basis and the problem of applying traditional power constraint norms in the new scenario.The idea of scenario and typology helps to realize the precise regulation of power,and it is necessary to refine the scenarios with the"subject-end-means"elements,and clarify the legitimacy boundary of the exercise of new types of power;With the degree of risk posed to personal information by the acquisition of data and the type of burden on the platform caused by mandatory data collection as the criteria,this paper proposes matching the re-quirements of differentiated procedural control and the standards of substantive review,so as to form the gradient construction of the rights protection and the rights constraints.
data reporting obligationadministrative investigationadministrative inspectionprotection of personal informationdata rights and interests