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On Personal Information Processing from the Legitimacy Dimension

From:社科报原创2022-9-1 08:41

As Wang Xixin wrote in the Journal of Comparative Law(Issue 3, 2022), China's law for personal information protection establishes a regulatory framework for personal information processing by mostly taking private institutions' activities of personal information processing as the scene. Despite the law provides a "unified adjustment" mode for both state organs and private institutions, compared with private institutions, there are differences in power base, purposes, behavioral nature and accountability mechanism in state organs’ activities of personal information processing to fulfill their statutory duties. The legal control over administrative organs’ activities of personal information processing not only requires a regulatory framework applicable to the personal information protection law, but also needs to introduce an analytical framework for the legitimacy of administrative acts, so as to realize the legitimacy control over administrative organs’ activities of dealing with personal information from the dimensions of authority, content and procedures, and introduce an appropriate administrative legal liability and accountability mechanism.