Definition of sensitive personal information and improvement of the path of handling
Zhu Hongjing
Law School, People′s Public Security University of China
Abstract： Entering the era of digital economy, the protection of personal information, especially sensitive personal information, has become a global concern. Although the Law of the People′s Republic of China on the Protection of Personal Information has made special provisions for sensitive personal information, in practice, it still faces many problems, such as ambiguity in judgment standards and uncertainty in processing rules. In this regard, the precise definition of sensitive personal information and differentiated processing rules can be improved on the basis of balancing the circulation of data elements and the protection of personal rights and interests. Specifically, in terms of definition method, drawing on overseas legislative experience, it is proposed to accurately identify sensitive personal information on the basis of legal standards and multiple factors, and to introduce the scenario theory. In terms of processing rules, it is proposed to refine the preconditions for the processing of sensitive personal information, to construct scenario-based rules for informed consent, and to encourage industry autonomy, in order to provide institutional safeguards for the high-quality development of the digital economy.
Key words : sensitive personal information; processing rules; judgment criteria
