Challenges and Strategies for the Reasonable Processing of Publicly Disclosed Personal Information

In recent years, China has successively refined the rules for processing personal information through the enactment of various laws and regulations. A significant milestone was achieved with the introduction of the Civil Code, which uniquely categorized publicly disclosed personal information and accorded it special protection. This category differs from the general personal information processing norms, particularly the standard "notification-consent" rule. Specifically, it permits the processing of publicly disclosed personal information within a reasonable scope without requiring the prior consent of the information owner. However, the application of these rules for publicly disclosed personal information encounters several challenges. First, the principle of necessity, which is crucial in determining the legality of processing such information, lacks a clear and precise definition. Second, implementing the mechanisms of "opting out" and "the right to delete" has some practical difficulties. Additionally, the exercise of discretion is often inconsistent. In light of these challenges, it is imperative to address existing vulnerabilities to enhance the protection of personal information. The proposed measures draw upon China's jurisprudential framework and incorporate insights from international legislations and theories. At a normative level, it is essential to clarify and strengthen the principle of necessity. Introducing dynamic systems theory could help assess the reasonableness of personal information processing more effectively. Institutionally, enhancements to the "opting-out" mechanism and the fortification of "the right to delete" process are critical.