Mechanism for administrative and legal regulation of personal data protection in China: status, shortcomings and solution

Abstract

The advent of the big data era not only brings convenience to our daily lives, but also creates problems and risks for the protection of personal data of citizens. In order to effectively prevent, terminate or eliminate problems arising in connection with the legal protection of personal information, strengthening the administrative and legal protection of personal information is a more realistic way. The main arguments for this are that, firstly, in order to realize economic interests, violations are often committed related to the illegal collection, processing and use of personal information of citizens by subjects of a market economy; secondly, administrative authorities are obliged to maintain, manage and supervise various civil rights of citizens, including the right to personal information, and their right to participate in public affairs; Finally, while performing administrative functions and serving the public interest, administrative authorities also collect a large amount of personal data of citizens, thereby increasing the possibility of large-scale leakage of personal information. The article analyzes a number of problems related to the administrative and legal protection of personal information in China, and on this basis, proposals such as improving the system of administrative measures to protect personal information, clarifying the responsibilities of relevant regulatory authorities, taking various supervisory measures and strengthening the structure of administrative proceedings in the public interest are put forward.

References

1. Ding, X. (2020). Reflection and change of the right to personal information: applicable prerequisites and the basis of legal benefits for the protection of personal information. Chinese and Foreign Law, 2. (in Chin.).
2. Ding, X. (2021). Protection of personal information: principles and practice. Beijing: Law Publishing House. (in Chin.).
3. Deng, H. (2020). Legislative options for administrative supervision of the protection of personal information in our country. Law of the Shanghai University of Transport, 2. (in Chin.).
4. Kong, X. (2022). Ways of administrative regulation of personal information protection. Research of administrative law, 1. (in Chin.).
5. Li, Y. and Zhou, W. (2021). The strategy of dynamic supervision of the protection of personal information online. Journal of Chongqing University of Technology. Social sciences, 11. (in Chin.).
6. Liu, M. and Wang, Y. (2021). Analysis of the use and protection of personal data in public administration in the post-epidemic era. Bulletin of the Yunnan Institute of Management, 1. (in Chin.).
7. Xie, Y. (2019). Personal information protection in e-government: the US experience and recommendations. Administrative Management in China, 2. (in Chin.).
8. Wu, Q. and Chen, Y. (2022). Legal protection of personal data in the field of electronic government. Journal of the Southwestern Petroleum University. Social sciences, 1. (in Chin.).
9. Cui, J. and Yang, W. (2016). Research on the protection of personal information in the big data environment in the aspect of public administration. Hebei Enterprises, 7. (in Chin.).
10. Zhang, X. (2015). From confidentiality to personal information: Theory and institutional mechanisms for re-measuring interests. Chinese Law, 3. (in Chin.).
11. Zhang, T. (2022). Changing the paradigm of personal information protection in connection with the discovery of government data. Modern Law, 1. (In China).
12. Zhou, H. (2018). The study of the method of compatible personal data management — the legislative direction of the Chinese Law on the Protection of personal information. Legal Research, 2. (in Chin.).
13. Zhou, H. (2020). Legal positioning of personal information protection. Research in the field of law and business, 3. (in Chin.).
14. Chen, K. (2023). Fundamentals of implementation and institutional logic of administrative penalties in the field of personal information protection. Law Science, 11. (in Chin.).
15. Shen, Y. and Liu, G. (2020). Administrative and legal protection of personal data of citizens in the context of big data. Foreign trade and Economics, 5. (in Chin.)
16. Yuan, D. (2021). Criminal law protection of personal information when using cookie technology. Journal of Western Studies, 22. (in Chin.).