The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing ...The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.展开更多
This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize＆ Problems associa...This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize＆ Problems associated with the implementation of the tax and customs policy, regulation of e-money circulation, virtual labor, intellectual property rights protection and consumer rights, as well as personal information are analyzed. Specifics of economic crimes and problems of their control in a virtual environment are commented. Also, the ways to address these problems are indicated.展开更多
In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characte...In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characteristics and operational mechanisms of big data have limited the utility of such tools(principles)as notice-consent,purpose limitation,and data minimization.Efforts should be made to shift the paradigm from individual control to social protection.The procuratorial public interest litigation is an important mechanism to practice the social control paradigm.The publicity of personal information is the legitimate basis for procuratorial public interest litigation to intervene in personal information protection.Although notable results have been achieved in terms of procuratorial public interest litigation for personal information protection so far,there is still large room for improvement in terms of case type,scope of claims,litigation rules,and ownership of compensation.Although Article 70 of the Personal Information Protection Law of the People's Republic of China has responded to the existing problems,the provisions are only roughly generalized ones and can hardly offer specific guidance to judicial practice.In future judicial practice,risk prevention should be treated as the main function of the system.Efforts should be made to find more sources of case clues,simplify antecedent procedures,actively explore preventive public interest litigation,and give full play to the exemplary and leading role of procuratorial public interest litigation.Efforts should also be made to further detail causes of action,avoid simplifying"infringement"into"harm,"implement the reversion of burden of proof,and establish sound supporting systems for punitive damages and compensation management.展开更多
文摘The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.
文摘This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize＆ Problems associated with the implementation of the tax and customs policy, regulation of e-money circulation, virtual labor, intellectual property rights protection and consumer rights, as well as personal information are analyzed. Specifics of economic crimes and problems of their control in a virtual environment are commented. Also, the ways to address these problems are indicated.
文摘In the face of massive collection and use of personal information in the era of big data,the prevalent cognitive and structural problems have undermined the foundation of personal information self-control.The characteristics and operational mechanisms of big data have limited the utility of such tools(principles)as notice-consent,purpose limitation,and data minimization.Efforts should be made to shift the paradigm from individual control to social protection.The procuratorial public interest litigation is an important mechanism to practice the social control paradigm.The publicity of personal information is the legitimate basis for procuratorial public interest litigation to intervene in personal information protection.Although notable results have been achieved in terms of procuratorial public interest litigation for personal information protection so far,there is still large room for improvement in terms of case type,scope of claims,litigation rules,and ownership of compensation.Although Article 70 of the Personal Information Protection Law of the People's Republic of China has responded to the existing problems,the provisions are only roughly generalized ones and can hardly offer specific guidance to judicial practice.In future judicial practice,risk prevention should be treated as the main function of the system.Efforts should be made to find more sources of case clues,simplify antecedent procedures,actively explore preventive public interest litigation,and give full play to the exemplary and leading role of procuratorial public interest litigation.Efforts should also be made to further detail causes of action,avoid simplifying"infringement"into"harm,"implement the reversion of burden of proof,and establish sound supporting systems for punitive damages and compensation management.
