Abstract

Info

Title:: Legal Theory and System Construction for Orderly Sharing of Personal Information

Keywords:: personal information; classification and grading; orderly sharing; consent rules; integration of civil; administrative and criminal considerations

Abstract:: Although the construction of the “compression” system driven by the transformation from traditional society to modern society has accelerated the construction process of the personal information protection system, it has also deepened the institutional imbalance crisis between the protection of private law rights of personal information and the sharing of public resources. Orderly sharing is the reshaping of the legal position of personal information in the digital economy. Personal information is no longer the right to self-determination of individuals, but the right to defense with both individual and social attributes. On the basis of classifying and grading personal information in legislation, a differential protection pattern featuring core layer, middle layer and periphery layer should be formed according to the importance of personal information in the vertical dimension. In order to promote the orderly sharing of personal information in the digital economy era, the general rules of “presumptive consent”, “authorized consent” and “informed consent” should be established according to the internal hierarchy of personal information. In this way, we will build a system integrating civil, administrative and criminal considerations for personal information protection.