On Risk Regulation Approach to Personal Information Protection in the Digital Age
The institutional construction and theoretical discussion of personal information protection have always involved two approaches:risk regulation and absolute rights.Under the risk regulation approach,personal information protection is regarded as a regulatory activity where the government,based on its obligation to protect the nation,governs the risks that data processing poses to fundamental rights such as the rights to personal security,property,and personality.The personal information itself is not the object of protection.Under the absolute rights approach,personal information is constructed as a personality or property right in civil law,which has its own value and is worthy of protection.However,these two approaches are not in opposition to each other.Compared with traditional risk regulation,the risk regulation of personal information protection has distinct features;its object is the abstract right,not physical damage.It includes both risk-based and rights-based approaches,ensuring that regulation is tailored to specific needs while also maintaining a minimum standard,thereby achieving a balance between risk and safety.In the digital age,the risk regulation approach to personal information protection can better adapt to the innovation of digital technology.Based on the principles of risk regulation,it is necessary to establish the precautionary principle for personal information,adjust the principles and rights of personal information protection to be risk-oriented,establish an independent regulatory agency for personal information protection,introduce a risk communication mechanism,and improve the risk assessment of personal information.
personal information protectionrisk regulationthe precautionary principleartificial intelligence
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维普
