PDF(13722 KB)
Research on Personal Information Protection Mechanism from the Perspective of Power Structure Imbalance—— Taking the Changes of Information Attributes as the Starting Point
Chinese Journal of Journalism & Communication ›› 2019, Vol. 41 ›› Issue (12) : 58-84.
PDF(13722 KB)
PDF(13722 KB)
Research on Personal Information Protection Mechanism from the Perspective of Power Structure Imbalance—— Taking the Changes of Information Attributes as the Starting Point
Taking the change of information attribute as the starting point, this paper points out that the multiple attributes of personal information in the era of the digital economy make personal information have multiple rights subjects, and the power structure among the subjects is unbalanced. The reason for the imbalance of power among multiple subjects lies in the dual role of “private power” and public power, both of which are managers and users of personal information, which makes individuals in a weak position in the tripartite power structure. As “digital government” has become one of the basic symbols of modern government, the risks brought by public power to personal information will also increase, which may lead to more unbalanced power structure on personal information. However, the traditional protection system for private right and the approaches of restricting public power are diffcult to maintain the balance among the three parties. At last, this paper points out that the legislation on personal information should regain the balance of power structure which was broken by information technology. Under the background that the protection system of private rights is challenged and insuffcient to protect individuals, it is necessary for legislation to empower individuals in a new form and make them become powerful actors in the power structure, instead of passive subjects need others’ protection. Only when individuals have real and dynamic rights to know and control over their information can they effectively supervise the data behavior of public and private power and realize the balance of power structure.
Personal Information / Information Attribute / Information Subject / Power Structure
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