{"title":"自动化管理环境下个人信息隐私保护法律框架研究:以数据安全和权利平衡为中心","authors":"Zhongsen Zhang","doi":"10.54691/9kwajf63","DOIUrl":null,"url":null,"abstract":"In the digital age, with the increasing importance of personal information, especially in the field of automated administration, the protection of personal information is particularly urgent. Ensuring the security of personal information in automated administration not only helps to safeguard the realization of individual dignity rights and meet the inherent requirements of the principle of proportionality, but also regulates the use of algorithms to avoid discrimination. However, although the legislation on the protection of personal information in automated administration has made some progress, there are still some shortcomings: the legislation is not directly specified, the law is not operable, the supervision and management mechanism is not perfect; There are also problems at the law enforcement level: improper use of immunity in administrative procedures, excessive expansion of the scope of personal information processing; In the relief aspect, there are also challenges: the provisions of administrative public interest litigation are vague, and there are loopholes in the way of liability. In order to improve the protection mechanism of personal information in automated administration, it is necessary to expand the direct regulation of automated administration in legislation, enhance the operability of laws, and improve the supervision and management mechanism of personal information. At the same time, it is also necessary to amend the administrative due process and strictly implement the principle of least necessity at the level of law enforcement. In terms of relief, the applicable rules of administrative public interest litigation should be clarified, and more targeted ways of assigning blame should be established.","PeriodicalId":476071,"journal":{"name":"Frontiers in Humanities and Social Sciences","volume":"95 26","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Research on the legal framework of personal information privacy protection in automated administrative environment: centered on data security and rights balance\",\"authors\":\"Zhongsen Zhang\",\"doi\":\"10.54691/9kwajf63\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the digital age, with the increasing importance of personal information, especially in the field of automated administration, the protection of personal information is particularly urgent. Ensuring the security of personal information in automated administration not only helps to safeguard the realization of individual dignity rights and meet the inherent requirements of the principle of proportionality, but also regulates the use of algorithms to avoid discrimination. However, although the legislation on the protection of personal information in automated administration has made some progress, there are still some shortcomings: the legislation is not directly specified, the law is not operable, the supervision and management mechanism is not perfect; There are also problems at the law enforcement level: improper use of immunity in administrative procedures, excessive expansion of the scope of personal information processing; In the relief aspect, there are also challenges: the provisions of administrative public interest litigation are vague, and there are loopholes in the way of liability. In order to improve the protection mechanism of personal information in automated administration, it is necessary to expand the direct regulation of automated administration in legislation, enhance the operability of laws, and improve the supervision and management mechanism of personal information. At the same time, it is also necessary to amend the administrative due process and strictly implement the principle of least necessity at the level of law enforcement. In terms of relief, the applicable rules of administrative public interest litigation should be clarified, and more targeted ways of assigning blame should be established.\",\"PeriodicalId\":476071,\"journal\":{\"name\":\"Frontiers in Humanities and Social Sciences\",\"volume\":\"95 26\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2024-03-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Frontiers in Humanities and Social Sciences\",\"FirstCategoryId\":\"0\",\"ListUrlMain\":\"https://doi.org/10.54691/9kwajf63\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Frontiers in Humanities and Social Sciences","FirstCategoryId":"0","ListUrlMain":"https://doi.org/10.54691/9kwajf63","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Research on the legal framework of personal information privacy protection in automated administrative environment: centered on data security and rights balance
In the digital age, with the increasing importance of personal information, especially in the field of automated administration, the protection of personal information is particularly urgent. Ensuring the security of personal information in automated administration not only helps to safeguard the realization of individual dignity rights and meet the inherent requirements of the principle of proportionality, but also regulates the use of algorithms to avoid discrimination. However, although the legislation on the protection of personal information in automated administration has made some progress, there are still some shortcomings: the legislation is not directly specified, the law is not operable, the supervision and management mechanism is not perfect; There are also problems at the law enforcement level: improper use of immunity in administrative procedures, excessive expansion of the scope of personal information processing; In the relief aspect, there are also challenges: the provisions of administrative public interest litigation are vague, and there are loopholes in the way of liability. In order to improve the protection mechanism of personal information in automated administration, it is necessary to expand the direct regulation of automated administration in legislation, enhance the operability of laws, and improve the supervision and management mechanism of personal information. At the same time, it is also necessary to amend the administrative due process and strictly implement the principle of least necessity at the level of law enforcement. In terms of relief, the applicable rules of administrative public interest litigation should be clarified, and more targeted ways of assigning blame should be established.