Handling personal information should follow the principles of legality, justice and necessity, and should not be over-handled. As well as the rules for publicly processing information, the purpose, method and scope of information processing should be clearly stated.
People's Republic of China (PRC) Civil Code
Article 1035 Principles and Conditions for Handling Personal Information The handling of personal information shall follow the principles of legality, justice and necessity, and shall not be over-handled, and meet the following conditions:
(1) Obtaining the consent of the natural person or his guardian, except as otherwise provided by laws and administrative regulations;
(2) Rules for publicly handling information;
(3) Clearly explain the purpose, mode and scope of information processing;
(four) does not violate the provisions of laws and administrative regulations and the agreement between the two parties.
The processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information.
Second, the difference between personal information and privacy.
The content of privacy mainly includes maintaining the peace of personal privacy, keeping personal privacy from being made public, and making independent decisions on personal privacy. In the current context of our country, when it comes to privacy, people usually think of the secrets of private life, and privacy is usually considered as "privacy". Privacy places special emphasis on "concealment", which includes two aspects:
On the one hand, it refers to the state of living alone or private affairs; On the other hand, it means that private secrets will not be illegally leaked by others. Accordingly, the invasion of privacy is mainly illegal disclosure and harassment. The right of personal information mainly refers to the right to control and decide on personal information.
The content of personal information right includes the individual's right to know about the collection and utilization of information and the right to decide whether to use or authorize others to use it. Even if it is personal information that can and must be made public, individuals should also have certain control rights. For example, the obligee has the right to know to what extent, to whom and for what purpose others will use this information. It is in this sense that civil law scholars call personal information right "information self-determination". Even if some personal information overlaps with privacy, the focus of the privacy system is to prevent personal secrets from being illegally disclosed, rather than to protect the control and utilization of such secrets, which obviously does not belong to the issue of the right to self-determination of personal information. Accordingly, the infringement of personal information rights is mainly manifested in the unauthorized collection and use of personal information, and the infringement of personal information is mainly manifested in the illegal collection, illegal use, illegal storage, illegal handling or illegal reselling of personal information. Among them, a large number of violations of personal information are manifested in the illegal tampering and handling of personal information.
According to the provisions of the Civil Code, when dealing with personal information, we should follow the principles of legality, justice and necessity, and we should not handle it excessively. And must obtain the consent of the natural person or his guardian; Disclosure conditions of information processing rules, etc. If you need legal help, readers can consult.