论个人信息的行政法保护

On the Protection of Personal Information by Administrative Law

行政主体收集、处理和利用个人信息是一种行政事实行为。我国应尽快制定个人信息保护法,明确信息主体有权要求行政机关不能随意处理个人信息,公开对其个人信息的收集和利用,规定个人信息保护的范围、原则、监督和救济制度。利益衡量是目前协调个人信息保护与行政信息公开的适当方法。

The collection and disposal of information by administrative subjects are administrative factual acts. So China should pass Law of Personal Information Protection as soon as possible to make it clear that individual has the right to ask administrative subjects not to dispose personal information at random, and require them to reveal the process of how they collected it and how they are going to use it. And more importantly, the law should also give the scope, principle, supervision and relief system of personal information protection. At present, interests - balance system is the best way to settle the relations between personal information protection and public information publicity.