On Legitimate Rights and Interests as the Legal Basis of Personal Information Processing
The provisions of Article 13 of the Personal Information Protection Law of China regarding the legal basis of personal information processing do not allow the processing of personal information to achieve the legitimate interest of processors or third parties.In judicial practice related to personal information protection,disputes constantly occur over the processing of personal information by processors for the legitimate interest of themselves or others.It is found that ignorance or intentional gaps in legislation cannot eliminate or eradicate situations where personal information is processed to achieve the legitimate interest of processors or third parties.Judicial practice has largely achieved the effect of using the"legitimate interest"as the legal basis for factual processing of personal information in a tortuous and circuitous manner,especially in the form of exemption grounds.In the future,it is necessary to formally recognize in judicial judgement or through judicial interpretation that the legitimate interest of processors or third parties can serve as the legal basis for processing personal information.
personal informationthe legal basis of the processing of personal informationlegitimate interestoff-purpose use
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