Youth Economic Theory
The Standing Committee of the National People's Congress deliberated the draft personal information protection law——
How to prevent "streaking" legislation in the era of big data
Big data has played an important role in the prevention and control of the epidemic. The collection of personal information in special periods has become the norm, and some communities have even begun to implement face recognition.
The question is, how should this information be collected and processed?
How to keep it and how to hold it accountable if it is leaked?
You know, "ID card, mobile phone number, name, address, plus biometric information is the most complete information for everyone. Once this information is leaked, it will be "streaking"."
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"In the prevention and control of the new crown pneumonia epidemic, big data has played a very important role in the monitoring and early warning and statistical analysis of key populations. However, there has also been some disorderly spread of personal information, and some patients, close contacts and return homes from other places Cases where personnel’s names, ID numbers, residential addresses, contact information and other information were illegally disseminated have negatively affected individuals and epidemic prevention and control work.”
On October 13, the draft of the personal information protection law that received much attention was submitted to the 22nd meeting of the 13th National People's Congress for deliberation for the first time.
On the morning of October 16, during the group deliberations of the draft by the participants, the issue raised by Liu Xiuwen, a member of the Standing Committee of the National People's Congress, caused heated discussions among the members.
Personal information protection legislation should focus on feasibility
Member Chen Sixi believes that some concepts in the draft are still relatively vague and the meaning is unclear, which will cause difficulties in implementation.
The personal information protection law is feasible, and the key is to handle several relationships.
First of all, the collection of public information must be distinguished from the information specially collected and treated separately.
For example, information that has been disclosed to the public should be allowed to be collected; secondly, there must be a distinction between how to protect public and non-public information.
For example, how should the information collected by individuals and the information held by relevant agencies be protected?
Personal information that should not be disclosed must be dealt with seriously if it is disclosed; finally, it is necessary to distinguish whether the collected information is for personal use or for sale or transfer.
In addition, the temporary collection and identification of personal information should be distinguished from long-term storage of personal information.
For example, some units and communities have implemented face recognition. Whether such collection is temporary or permanent storage, it is necessary to treat it differently.
"In short, the law must be clear and regulated in different categories," Chen Sixi said.
Committee member Wang Chaoying believes that personal information protection legislation must balance the relationship between protecting personal information and maintaining public safety.
"This is a very important point in this law."
In his view, although the current draft is involved, it is not enough.
During the epidemic prevention and control period, everyone saw many scenes of collecting personal information.
For example, when you need to enter some places when epidemic prevention is the most stressful, you must register your ID card, mobile phone number, name, and address. In fact, these four plus biological information are the most complete information for everyone.
If this information is leaked, it will be "streaking".
"Now there are biometric information, such as face recognition in the community. What is the necessity? How should this information be collected and processed in these most basic units? How can the collection of personal information be minimized by law? , And should comply with the principle of proportionality, and what information should be collected under what circumstances. How to store and keep this information? Of course there are legal responsibilities once it is leaked. Who will be held accountable for these responsibilities and how? These will need to be studied." Wang Chaoying said.
Liu Xiuwen put forward opinions on the exemption provisions for personal information protection in response to public health emergencies in the draft. He said that collecting personal information and conducting big data analysis is an effective way for efficient social management.
In the event of public health emergencies, countries all over the world adopt the principle of public interest first, and to limited breakthroughs in the protection of personal information. It has become common practice to track and disclose epidemic information.
But this does not mean that "public health" and "public safety" can directly become the universal reason for personal information protection exemption.
Liu Xiuwen said that in the prevention and control of the new crown pneumonia epidemic, there are migrants facing the multi-level and multi-departmental information collection of streets, communities, public security, and their units in both the outflow and inflow areas, which has caused both administrative and social management resources. Waste also increases the risk of personal information management.
Only by refining the personal information sharing operation specifications can we reduce repeated collections, improve response efficiency, and prevent information leakage in the case of personal information protection exemptions.
Liu Xiuwen suggested further research on how to weigh public needs and individual rights in order to delimit reasonable personal information protection and utilization boundaries.
According to the requirements of the principle of proportionality, the damage of personal information is limited to a minimum.
Including: as far as possible to clarify the subjects who have the right to collect personal information in public health emergencies or emergencies; strengthen the personal information safety protection awareness and protection obligations of the subjects of collection to reduce the risk of information exposure; clarify public health emergencies or emergencies Under the personal information data sharing norms and subsequent personal information processing mechanisms.
Personal information protection legislation focuses on solving problems
Zhou Guangquan, a member of the Standing Committee of the National People's Congress and vice chairman of the Constitution and Law Committee of the National People's Congress, believes that the formulation of a personal information protection law should not simply add a law to the categories of laws, but should solve the current problems.
"Personal information protection legislation should not only consider the problems that individuals are currently facing in daily life, such as the leakage of personal information when using mini programs, apps, and web pages, but also consider the future development of new technologies in the form of informed consent. Change." Zhou Guangquan specifically mentioned that with the application of biometric information recognition technology, some units and departments seem to have tasted the "sweetness" of using face recognition technology.
Therefore, the limitations of biometric technologies such as face recognition and fingerprints are also problems that this law cannot avoid.
"If it is bypassed, the role of this law in future social governance will be limited."
At the same time, Zhou Guangquan emphasized that various relationships must be balanced during the legislative process.
"Now that personal data is obtained, the use of apps is basically free. This'free lunch' is indeed risky. It should be strengthened. However, it should not be used to kill Internet companies. It is more complicated to balance this relationship. This law needs to be studied carefully."
How to manage and use personal information after national agencies have obtained
Zhou Guangquan believes that the legislation must also consider the management and use of personal information by state agencies.
For example, he said that due to few internal management restrictions and low authority decentralization, a policeman in a western part of the country obtained personal information of citizens on the Internet during work. Her husband opened a company to provide personal information and check extramarital affairs. In this way, they obtained improper benefits. Later, both were sentenced.
"How the public authority manages the personal information in its hands, how to restrict and restrict it, this issue cannot be circumvented by law." Zhou Guangquan said.
Wang Chaoying proposed that the draft of the Personal Information Protection Law provides special provisions on the handling of personal information by state agencies, which is a highlight of this law.
However, the provisions are not precise enough, and the scope of statutory duties performed by state agencies is very broad, including investigations, prosecutions, and trials in the field of criminal litigation, as well as penalties and permits in the field of general administrative law enforcement, as well as social insurance, taxation, social assistance, social welfare, Demographics, etc.
"These behaviors are different in nature. What kind of processing rules should be followed by different state agencies that process citizens’ personal information? Are they consistent or inconsistent? Now relevant state agencies share many individuals for taxation, administrative penalties, credit punishment, and social management. Information. Does it all meet the requirements for performing statutory duties? Does it all meet the rules for the collection and use of personal information claimed at the time? All these need further study." Wang Chaoying believes that the draft stipulates too principles in this regard, and it is recommended that the legislation should be shared with state agencies The scope, procedures, and relevant retention periods of personal information have been more clearly defined, and state agencies have further specified the handling of personal information and personal information sharing behavior.
China Youth Daily and China Youth Daily reporter Wang Yijun and Jiao Minlong Source: China Youth Daily
Version 05 on October 20, 2020