Recover personal information rights in accordance with the law (new knowledge)

Personal information is important digital assets. Strengthen personal information protection, standardize personal information acquisition and use, is not only related to personal rights maintenance, but also related to digital economic development. The "14th Five-Year Plan" and the 2035 long-term target program have to make clear requirements for fundamental legislation accelerating data security, personal information protection. The Civil Code has made a provisive for personal information protection. In August of this year, the personal information protection law was officially implemented in November.

This is a law that specifically stipulates the basic principles and system of personal information protection, which has strongly enhances the systemic, authoritative and targeted personal information protection. Accelerate the construction of digital China is of great significance.

Protect your personal information rights. General Secretary Xi Jinping emphasized: "The development of Nets must implement the people-oriented thinking, to enhance the people’s well-being as the starting point and the foothold of the information development, so that the people have more feelings in information development, happiness ,sense of security.

"With the new technology, new form, new applications continue to emerge, personal information recorded by electronics and other means is produced.

The people generally care about personal information security and pay attention to personal privacy. Personal Information Protection Law adheres to the people-centered, comprehensive adjustment, standardizing individual information processing activities including various subjects, clarifying personal information rights such as the right, decision, deletion, etc., more strictly provisions sensitive personal information Scope and processing rules. Improving the legal responsibility of the legal responsibility for the social reflection of strong stress users agreed to address personal information, "big data cooked" and illegally trading, providing or publicizing individual personal information. These regulations help further improve and improve the institutional mechanism to protect personal information rights. Promote the healthy development of digital economy. To make a big digital economy, you need to continuously discover and release the value potential of all kinds of information resources, activate the production potential of massive data elements, which are inseparable from the effective and reasonable use of personal information. Personal information protection law clarifies the definition of personal information, not only pays attention to protecting personal information rights, preventing and punishing the behavior of personal information rights, but also collecting, storage, use, processing, transmission, provision, disclosure, and deletion of personal information. The activities have been fully processed, and the personal information should be dealt with to obtain personal information under the premise of prior notice.

Considering the different characteristics of personal information processing scenarios, it also stipulates that other people who can legalize personal information can be legitimate except for personal consent, such as the contract, fulfilling individuals, as a part of the contract.

The establishment of these institutions provides a clear guidance to personal information processing activities, enhanced the market’s clear expectations of legal policies, promoting rational use of data elements, which is beneficial to better stimulate the vitality of digital economic development.

Guide data security and orderly flow. General Secretary Xi Jinping pointed out: "Network information is a cross-border flow, information flow, capital flow, talent flow, information resources are increasingly become important production factors and social wealth, and the information mastering has become an important role in national soft strength and competitiveness. Sign. "With the cross-border development of the digital economy, some personal information flows globally, which brings new opportunities and challenges to data security and digital economic development.

In the network security law, the data security law has made some specifications for the data according to law, and the personal information protection method makes corresponding institutional arrangements for the cross-border flow of personal information. It is clear that the conditions to provide personal information to the country shall specify individuals. The information handler must perform a letter of information, security assessment, and other obligations to provide personal information, and require personal information processing from providing personal information stored in China without the approval of the competent authority to provide foreign judicial or law enforcement agencies. This provides a clear behavioral rule for the case of providing personal information outside the country. Personal Information Protection Law is based on China’s actual situation, drawing on foreign useful experiences, adapting to the needs of the people’s good life. Implementing personal information protection laws will further strengthen personal information rights protection, enhance the new advantage of my country’s digital economic competition, and consolidate the corner of the rule of law in building digital China and network power. (The author is a sub-research staff for the Institute of Law Institute of the Chinese Academy of Social Sciences).