The rules of adjustment between data circulation and privacy protection under the proportionality principle
Li Yuna,Wang Hongxuan
School of Law, Xi′an University of Finance and Economics
Abstract: Strengthening data circulation and privacy protection is an urgent requirement for the construction of the digital society. Data circulation creates value or increases added value, but its dynamic fluidity and value-added nature often lead to security problems such as theft, sale, and illegal use of personal privacy information. In order to ensure a harmonious coexistence between data technology empowerment and citizens′ privacy rights, it is urgently needed to apply the proportionality principle in practice and find the adjustment logic from the theoretical and value dimensions for data circulation and privacy protection.By building appropriate rules, necessity rules, and balanced rules, a threerule progression and a complete layered adjustment path is formed.
Key words : proportionality principle; data circulation; privacy protection; rule adjustment