The processing of personal data involves various stakeholders,such as natural persons,personal data processors,and supervisors.These stakeholders process or supervise personal data based on their respective interests ...The processing of personal data involves various stakeholders,such as natural persons,personal data processors,and supervisors.These stakeholders process or supervise personal data based on their respective interests or duties.However,because several interests are involved,conflicts may occur due to the value of the data in question.This paper builds a theoretical framework based on the methodology of interest measurement to alleviate conflicts of interest concerning data.It explores,from the perspectives of rights,obligations,and liabilities,the supervisors’duty of protecting the public interest.Regarding personal data of natural persons,corresponding rights are allocated according to the relevant provisions of the Civil Code and the Personal Information Protection Law of the People’s Republic of China.For personal data processors in superior positions,obligations and liabilities are allocated according to the relevant provisions of the above laws,and in light of the core of reasonable restrictions on individual standards against society’s standards,the duties of supervisors and protection of public interests are clearly defined.展开更多
基金the National Social Science Foundation-“Research on the Private Law Resolution Path of Conflicts of Interest among Stakeholders in the Use of Data”(21BFX077).
文摘The processing of personal data involves various stakeholders,such as natural persons,personal data processors,and supervisors.These stakeholders process or supervise personal data based on their respective interests or duties.However,because several interests are involved,conflicts may occur due to the value of the data in question.This paper builds a theoretical framework based on the methodology of interest measurement to alleviate conflicts of interest concerning data.It explores,from the perspectives of rights,obligations,and liabilities,the supervisors’duty of protecting the public interest.Regarding personal data of natural persons,corresponding rights are allocated according to the relevant provisions of the Civil Code and the Personal Information Protection Law of the People’s Republic of China.For personal data processors in superior positions,obligations and liabilities are allocated according to the relevant provisions of the above laws,and in light of the core of reasonable restrictions on individual standards against society’s standards,the duties of supervisors and protection of public interests are clearly defined.
