Research on the Applicable Rules of the Principle of Proportionality in Personal Information Processing under Major Emergencies

  • Li Lin
Expand
  • (Library,Northwest University of Politics and Law ,Xi’an,710122)

Online published: 2023-07-14

Abstract

[Purpose/significance] Under major emergencies, in order to safeguard the realization of basic rights such
as public safety, life and health of citizens, and protect the rights and interests of personal information from infringement, public authorities take various personal information processing behaviors such as collection, use, transmission
and disclosure of personal information by exercising emergency powers, and their behaviors bear multiple interests
such as national security, public interests and private interests. It is the restriction of public power on private rights.
[Method/process] Based on the lack of legal regulations on the processing of personal information in the field of major
emergencies, and the existence of illegal and improper handling of personal information, the limitation of public power
has lost its boundary and the imbalance of public and private legal interests. This paper introduces the principle of proportionality, a tool to measure benefits, and limits the processing of personal information within the scope of proportionality.[Result/conclusion] Due to the abstractness of the application of the principle of proportionality and the actual
complexity of major emergencies, it is necessary to construct the specific applicable rules in personal information pro?
cessing: the inevitability of its application is determined according to the "public and private domain" of personal information processing and the normative character and technical operation of the principle of proportionality; Define the legal and reasonable scope of application of personal information processing under major emergencies; Adopt "loose" application standard according to the characteristics of major emergencies under emergency state; The principle of proportionality is concretized through the interlinked application procedures of the principle of justice-appropriate- necessary-equalization, in order to achieve the balance of public and private legal interests in the processing of personal information.

Cite this article

Li Lin .

Research on the Applicable Rules of the Principle of Proportionality in Personal Information Processing under Major Emergencies
[J]. Information and Documentation Services, 2023 , 44(4) : 96 -104 . DOI: 10.12154/j.qbzlgz.2023.04.010

Outlines

/