Reconstructing the Binary Control and Utilization Legislation Path of Personal Information in the Big Data Era
Legislation on personal information in the era of big data should strike a balance between protecting indi-vidual information and promoting its utilization.The existing legislative paths both domestically and internationally have not effectively coordinated this relationship,leading to issues such as the malfunctioning of informed consent mechanisms,chaotic practices in the sale of personal information,and technical barriers to anonymization systems.The key to overcoming the challenges of existing paths lies in the systematic reconstruction of the binary legislative path of personal information control and utilization from three perspectives:normative goals,theoretical foundations,and rule reconstruction.The dual goals of this binary path are to delineate the boundaries between the private and public domains,thus balancing the relationship between individual information protection and its utilization and cir-culation.The theoretical foundation recognizes the dual-layer nature of personal information as both personality and property and acknowledges the dual values of personal and public aspects.Through the construction of a system for direct identification of personal information,promotion of personal information utilization,regulations of utilization,and the establishment of property rights to information,the rules and regulations governing the protection of individu-al information control and the promotion of its circulation and utilization are systematically reconstructed.
Big DataPersonal Information UtilizationPersonal Information LegislationControl-Utilization Binary
NETL
NSTL
万方数据
