Research on Residents’Willingness to Protect Privacy in the Context of the Personal Information Protection Law:A Survey Based on Foshan Residents’Data

The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.

Compensatory Damages in Personal Information Public Interest Litigation in China: Challenges and Prospects

In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.

The Model Selection of Personal Information Protection in Criminal Procedures

In criminal procedures,the right to personal information does not conform to the human rights characteristics of criminal procedures centered on due process right,in which the right to be forgotten and the right to access data possess no attributes of independent litigation right.The theory of the independent right to personal information lacks a legitimate basis and should not be used as the protection model for personal information in criminal proceedings.Given the particularity of interest measurement and the individuality and negativity of human rights in criminal procedures,the protection of personal information in the criminal procedure should be aimed at the risk of transformation from collective general information to private sensitive information.Specifically,it is the right of personal information not to be excessively collected.Accordingly,the personal information protection should be included in the scope of criminal procedures by the conceptual interpretation of the informational privacy,i.e.,the dependency protection model.In this regard,the criminal proceeding should appropriately introduce the basic principles of personal information protection and the limited general forensic to deal with the impact and challenge of emerging right claim on the criminal justice system.

Developing a Comprehensive Regime for Personal Information Protection in Networked Chinese Public Sectors

With the increasing sharing and reuse of personal information resources for better public services, the effective protection and management of personal information as organizational and individual assets as well as social resources are becoming more and more important in networked Chinese public sectors. Existing studies of personal information protection in China is mainly conducted from the legal perspective with a focus on the development of appropriate legislation and policies at the national level. There is little research on how specific legislation and polices can actually be implemented in an effective manner and what impacts such legislation and policies have on individuals, organizations, and the society. To adequately address this issue, this study investigates the legal requirements for personal information protection based on the relevant laws, regulations, and standards in China. It proposes a comprehensive regime for personal information protection in the networked public sectors in China. Such a regime takes the advantages of existing discipline-based approaches, legal requirements, and control mechanisms for personal information protection. It can be used to facilitate the provision of public services in the networked Chinese public sectors through the adequate protection of personal information and the effective management of personal information.

The Public Law Construction of Government Agencies’Obligations to Disclose When Handling Personal Information in the Digital Age

The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.

Decentralized Mobile SNS Architecture and Its Personal Information Management Mechanism

Mobile SNS popular topics of mobile is one of the most Internet. In order to fulfill the user demand for self-maintained independent social network and ensure the privacy of their personal information and resources, the paper proposes system architecture of decentralized mobile SNS.In the temporary scenarios, the system makes use of the existent specification of FOAF （Friend- of-a-Friend） to describe users＇ personal information and act as a certificate to be identified by SNS sites. Ticket-based Access Authorization System （TAAS） is provided to grant permission to acquire resources on personal portal. Meanwhile, the mechanism and algorithm are devised for user profile complete deletion when users are going to quit the service for the temporary scenarios.

Interpretation of Information Security and Data Privacy Protection According to the Data Use During the Epidemic

COVID-19 has swept the whole our country and the world in the beginning of 2020.31 provinces and municipalities across the country have launched the first-level response to major public health emergencies since January 24,and China has carried out intensive epidemic control.It is critical for effectively responding to COVID-19 to collect,collate and analyze people’s personal data.What’s more,obtaining identity information,travel records and health information of confirmed cases,suspected cases and close contacts has become a crucial step in epidemic investigation.All regions have made full use of big data to carry out personnel screening,travel records analysis and other related work in epidemic prevention and control,effectively improving the efficiency of epidemic prevention and control.However,data leakage,personnel privacy data exposure,and personal attack frequently occurred in the process of personnel travel records analysis and epidemic prevention and control.It even happened in the WeChat group to forward a person’s name,phone number,address,ID number and other sensitive information.It brought discrimination,telephone and SMS harassment to the parties,which caused great harm to individuals.Based on these,lack of information security and data security awareness and other issues were exposed.Therefore,while big data has been widely concerned and applied,attention should be paid to protecting personal privacy.It is urgent to pay more attention to data privacy and information security in order to effectively protect the legitimate rights of the people.Therefore,measures can be taken to achieve this goal,such as improving the relevant legal system,strengthening technical means to enhance the supervision and management of information security and data protection.

Research on the Legality of Information Utilization in Epidemic Prevention and Control

Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals.

Selection of a Model for Civil Law Protection of Personal Information

Despite its safety and convenience,modern technology has turned out to be an alienating force independent of humankind.The relationship between modern technology and human development furnishes the macro-background for the discussion of personal information protection issues.Chinese law should respond actively to avoid being reduced to a"morass of rules"in the global context.China’s legislation on personal information protection emphasizes public law at the expense of private law;it lacks the rule based support of basic civil law.Within the legal system,civil law is an important means and basic norm for protecting the agency of human beings,as it can provide systemic support for the protection of personal information.Formulation of the corresponding legislation should establish the independent control of personal information by the subject of the information,and should reinforce the position of the weaker side in the interest relationship.With regard to selecting of a model of civil law protection of personal information,the models of indirect protection and legal interest protection both have flaws;the rights protection model is better suited to China’s legislative and judicial realities.The right to personal information can be embedded in the existing normative system of personality rights to ensure the internal compatibility of the legal system.The rights protection model should be adopted in the personality right section of the Civil Code.

Accuracy Analysis in Fingerprint Authentication Using the Fractional Fourier Transform without Misalignment Correction of Scanned Images

In many fingerprint authentication devices, a frame to insert the fingertip or a hollow to put the fingertip is used to avoid the position or rotation misalignment of a newly scanned genuine fingerprint image, when the fingerprint authentication is conducted. Moreover, the misalignment correction by the numerical calculation is indispensable for the fingerprint authentication devices to achieve the high accuracy. In this study, we investigated the effects of misalignment of the scanned genuine fingerprint image with the one used for generating the template on the accuracy in our fingerprint authentication method using the fractional Fourier transform (FRT). As a result, it was found that our method can achieve high authentication accuracy under the condition that the position-misalignment ratio is 17.6% or less and the rotation misalignment (rotation angle) is 28 degrees or less, even if the misalignment correction is not conducted.

The Bundle of Personal Information Rights from the Perspective of State Protection

The bundle of personal information rights refers to a set of rights belonging to the subject of personal information,including the right to know,decide,inquire,correct,copy,delete,etc.Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control,and is interpreted as a specific right to personal information.This understanding somewhat misinterprets the nature and function of the bundle of personal information rights.In terms of its nature,the bundle of personal information rights is the outcome of the state’s obligation to actively protect and empower individuals through institutional safeguards,and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law.In terms of its function,the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors.Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer,more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system.As an instrumental right under the state’s regulatory strategy,the implementation of the bundle of personal information rights needs to focus on facilitating the individual’s knowledge,participation and ability to negotiate under procedural justice,as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice,with a view to continuously developing and enhancing the state’s regulatory rationality.

Privacy,National Security,and Internet Economy:An Explanation of China's Personal Information Protection Legislation

With the development of the internet and the increasing role played by information technology in the economy,personal information protection has become one of the most significant legal and public policy problems.Since 2013,China has accelerated its legislation efforts towards protecting personal information.The Cybersecurity Law of the People's Republic of China took effect on June 1,2017.Legal scholars focus on the nature of personal information,discuss the necessity of enacting specific laws on protecting personal information,and attempt to propose relevant draft laws regarding personal information protection.Personal information protection,however,is not only a legal issue but also a political one.We need to look at the decision-making process about legislation on personal information protection in China.Why has China sped up its legislation on personal information protection since 2013?Is privacy,civil rights,or legal interest the main reason behind the legislation?Only after placing personal information protection legislation in a broader context,can we have a better understanding of the underlying logic and dynamics of personal information protection in China,and can perceive the potential content and possible future of these legislation.This paper argues that Internet industry development,the social consequences of personal information infringement,and national security are the main drivers of China's personal information protection legislation.

Improved Authentication Accuracy by Individually Set Orders of the Fractional Fourier Transform and Effects of Damage of Fingerprint Image on Authentication Accuracy

Recently, ubiquitous personal devices with a fingerprint authentication function have been increasing. In such devices, there is almost no possibility of the authentication by impostors unless they are lost or stolen. However, for example, in the management of entering and leaving a building, not only the fingerprint authentication device but also the other authentication measures, such as an IC card, a key, etc., are generally used. In our previous studies, we have analyzed the authentication accuracy of the fingerprint authentication devices for personal possessions where other authentication measures are not needed. As a result, we made clear that the authentication accuracy in our method has extremely high compared with that in the marketed compact fingerprint authentication products, even if dirt, sebum, etc., are attached to the fingertip and there are scratches. In this study, we analyze the damage ratio of the fingerprint image where the genuine authentication can be conducted without problems, because the fingertip is easily got large cuts. Moreover, we analyze the impostor authentication of the fingerprint authentication devices for public possessions in the two cases of without and with other authentication measures. As a result, it is found that clearer impostor authentication can be achieved in the case of with other authentication measures. In addition, it is found that the damage ratio of the fingerprint image to conduct clearer genuine authentication without the image correction is less than 14.3%.

Matching Accuracy Analysis of Fingerprint Templates Generated by Data Processing Method Using the Fractional Fourier Transform

The matching accuracy of the fingerprint templates which were generated by our previously proposed data processing method using the fractional Fourier transform (FRT) was analyzed. The minimum error rate (MER) derived from the false acceptance rate (FAR) and the false rejection rate (FRR) is the criterion of the matching accuracy in this study, and was obtained statistically by the peak value of the normalized cross-correlation function between the fingerprint template and the intensity FRT of the subject’s fingerprint. In our analysis, the fingerprint template was obtained as the intensity FRT of one-dimensional (1D) finite rectangular wave by which a line of a real fingerprint image is modeled. Moreover, various modified 1D finite rectangular waves were generated to derive the FAR. Furthermore, the 1D finite rectangular wave with random noise regarded as dirt of a fingerprint and the one with random vanishing ridges regarded as damage of a fingerprint were generated to derive the FRR. As a result, it was clarified that fingerprint templates generated by our data processing method using the FRT could provide high matching accuracy in the fingerprint authentication from the viewpoint of the MER.

A New Method for Improving Robustness of Registered Fingerprint Data Using the Fractional Fourier Transform

In the light of a limited number of related studies, a new data processing method in fingerprint authentication using the fractional Fourier transform (FRT) was proposed for registered fingerprint data. In this proposal, protection of personal information was also taken into account. We applied the FRT instead of the conventional Fourier transform (FT) which has been being used as one of the representative fingerprint authentication algorithm. Our method led to solve the problem of current registration method and the robustness was verified. In this study, a modeled fingerprint image instead of the original raw fingerprint images was analyzed in detail to make the characteristic clear. As one dimensional (1D) modeled fingerprint image, we used the finite rectangular wave which is regarded as the simplification of the grayscale distribution in an arbitrary scanned line of the raw fingerprint images. As a result, it was clarified that the data processed by the FRT provides higher safety than the case processed by the FT, because it is difficult to specify the orders from the intensity distribution of FRTs (the intensity FRTs) when the combination of the various FRT’s order at every scanned line is used.

Topical Issues of Regulation of Economic Relations in Internet Environment

This article examines current issues of regulation of economical relations in the lnternet environment. Complexities, created by global and virtual features of the Internet economy, are characterize＆ Problems associated with the implementation of the tax and customs policy, regulation of e-money circulation, virtual labor, intellectual property rights protection and consumer rights, as well as personal information are analyzed. Specifics of economic crimes and problems of their control in a virtual environment are commented. Also, the ways to address these problems are indicated.

Human Rights Protection in Genome Editing

Introducing the human rights perspective into the multi-dimensional governance of human genome editing activities would help define boundaries for the behaviors of stakeholders such as the state, researchers, ethics committee members, and the public, and clarify specific practices of these subjects or entities to meet the requirements of human rights obligations. Based on the human dignity principle, humans must never be used as a means to an end in scientific research. The right to physical and mental health requires the implementation of the principles of informed consent, the primacy of life, and risk control in genome editing, as well as the proper treatment of embryos. The right to privacy corresponds to the confidentiality obligations and non-intervention obligations of relevant parties, and the protection of sensitive personal information points to the special compliance requirements regarding information processing. Differential treatment of genome-edited humans requires objective and reasonable justification, and should also meet the requirements of the proportionality principle.

《个人信息保护法》视角下的隐私保护方法设计研究:隐私告知及其对隐私不确定性的影响

要确保社会稳定和数字经济高质量发展,加强移动应用(App)的个人信息保护至关重要。本文以2021年11月施行的《中华人民共和国个人信息保护法》作为缓解用户对个人信息被收集、使用与保护的不确定性的突破口,展开隐私保护方法设计研究。总结归纳《个人信息保护法》中App服务商需要告知用户的隐私相关信息,理解用户对这些隐私相关信息的偏好,据此提出并设计App下载阶段面向用户的隐私告知方法,并通过基于插图的实验方法展开三项研究,系统探究用户在App下载阶段感知的隐私不确定性,以及隐私告知对用户隐私不确定性和App下载意愿的影响机理。研究发现,在中国App应用中,用户普遍存在隐私不确定性,且用户感知的隐私不确定性具有情境依赖性,即在信息敏感度更高的移动应用环境下,用户感知的隐私不确定性更高。本文提出的隐私告知能够有效缓解用户感知的隐私不确定性,并且显著缓解隐私不确定性对App下载意愿的负向影响。

AI人机交互用户个性化推荐中隐私信息披露影响因素研究

[目的/意义]以ChatGPT为代表的生成式人工智能的发展为人机交互带来颠覆性影响,也为数据安全与个人信息保护带来更大的冲击与挑战。对AI人机交互用户个性化推荐中隐私信息披露及个人信息保护问题的研究将具有重要的实践价值与意义。[方法/过程]文章通过对15名AI人机交互平台用户进行深度访谈,运用扎根理论研究方法进行编码分析,识别AI人机交互用户个性化推荐中隐私信息披露所涉及的个人信息类型和敏感信息类型,并对用户的隐私意识和影响用户隐私信息披露意愿的客观因素进行分析,进而提出加强隐私信息披露风险规制及个人信息安全保障的对策建议。[结果/结论]基于编码结果,将AI人机交互用户个性化推荐中隐私信息披露的影响因素归纳为用户因素、平台因素、社会环境因素、隐私权衡因素4个维度,以此建构理论分析模型,并作为强化AI人机交互用户个性化推荐中隐私信息披露风险规制及个人信息保护的重要指引。

论个人信息保护民事公益诉讼起诉主体的范围与顺位

自个人信息保护民事公益诉讼在我国开展以来,理论界与实务界就对该类诉讼的起诉主体存在较大争议,分歧主要集中在范围界定与诉权顺位两个方面。《个人信息保护法》第70条虽然对该类诉讼的起诉主体作了规定,但主体范围不明以及诉权顺位不清的问题仍未得到彻底解决。要正确实施该制度,应否定“履行个人信息保护职责的部门”的起诉资格,扩张“法律规定的消费者组织”的范围,明确“由国家网信部门确定的组织”的条件,并以《民事诉讼法》第58条及不同类型民事公益诉讼之间的关系为依据,厘清不同起诉主体的诉权顺位。当受侵害对象为普通公民时,应尊重检察机关民事公益诉权的补充性,将“国家网信部门确定的组织”的起诉顺位置于检察机关之前;当受侵害对象为众多消费者时,应考虑到受侵害对象的特殊身份,依次由“法律规定的消费者组织”“由网信部门确定的组织”和检察机关行使起诉权。