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중국 데이터 요소 정책에 따른 개인정보 보호법의 입법 동향
国,瀚文(Guo Han Wen),李東原(Lee, Dong Won) 충북대학교 법학연구소 2020 法學硏究 Vol.31 No.1
There is a certain conflict and contradiction between the flow of data and the protection of personal information, which mainly reflects the trade-off between the efficiency of data sharing and the protection of personal information. The protection of personal rights, such as personal privacy and personal information, depends on the institutional design aspect. If you encourage the sharing of data, it may affect the protection of personal information, and, on the contrary, protect personal information and data rights excessively and strictly restricting the flow of the data will hinder economic development. Globally, how to properly coordinate and handle the relationship between the two is a common challenge facing legal systems in many countries. In general, the EU places more emphasis on privacy, and US law is paying more attention to the use of personal information to strengthen its dominance in the data industry. However, the general trend of the two legal systems in the process of driving the digital economy is that they are more concerned with the protection of privacy rights. In most cases, the privacy-exchange behavior for efficiency helps promote the development of digital transactions because individuals can approve their use of data, allowing data-driven companies to collect, store and use personal information. However, the continued leakage of personal information from data-driven companies reflects the seriousness of the problem. Therefore, in order to promote the flow of information data, personal information must be protected. The digital factor policy presents new development concepts and requirements to promote digital transactions and enhance privacy. The development of data transactions must find a balance between the two. Only when this balance is achieved, the companies can properly conduct business activities using normally collected data, and also protects users personal information from being leaked and protects their rights when their legitimate rights are violated. This balance must be realized concretely by self-training of the state and corporations and individual participation. The “quantum balance” legislative model based on the legislative direction for “multiple co-development” has a clear institutional advantage, which allows for the integration of existing laws and the comprehensive protection of personal privacy according to China s national situation.
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