Personal information protection from an ethical perspective
January 19, 2021 09:18 Source: "Chinese Social Sciences" January 19, 2021, Issue 2093, Issue 2093

With the development of modern society,Personal information protection is getting more and more attention and attention。So far,"Civil Code", "Interim Regulations on the Implementation Measures for the Interim Regulations of the International Network Management of Computer Information Network", "Infectious Disease Prevention Law" and other 20 laws have provided personal information protection,This played an important role in the protection of personal information。An important part of personal rights,Personal information protection has received more attention,But some of these basic ethical issues still need to be distinguished。

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 1. Personal rights understanding.Personality right refers to the various personal rights enjoyed by the law directly to the civil subject for the inherent of civil subjects。First,Personality right is a non -property right,Personal information protection is a kind of right that is very different from property rights。Personal information protection has the value rationality confirmed by organic connection and overall development,Value hegemony against property rights,It is advocated to pursue the value rationality of ethics with a sound humanistic spirit。The problem for this is,Is value rationality abstract or specific in shape? In the personality rights involved in personal information protection,Any value,Even if some people are considered to be the value of excellence,Only in a certain ecology can it confirm its reality and rationality。Between different ecology,Can't apply one right mode to determine the value of the other right。So,Personal rights involved in personal rights do not have the only absoluteness of personal,Only healthy interaction with other rights,Only to obtain value rationality。Next,Personality right is a dominance,Personal information protection has his effect。Personal information protection depends on the specific state where people are located。Personal information protection is not to examine personality rights from the perspective of society as a whole,Not to see the world from a personal perspective,Instead of understanding this world from a specific state in the individual。This specific state of existence includes people's needs、A person's identity、Human vision, etc.。Fundamental speaking,Of course existence、The free world does not have the value of the person as the subject,Valuable is the knowledge of personal information protection for people itself、Understanding of the process,That is the human view。Last,Personality right is still an exclusive right,Divine exercises in the protection of personal information。

 2. The meaning of the right to know.The right to know the right to know、Freedom and rights to obtain information,Including the official or unofficial knowledge、Get relevant information。According to the analysis of the right to know,Personal information protection is composed of two factors in the character structure。On the one hand, the sequence of knowledge and the derived information,On the other hand, it is the attitude of obtaining desire and providing support for this。From the sense of informed power,The knowledge of personal information is mixed with the desire to get intertwined,It constitutes a mechanism for the origin of related ethics。The problem now is,How can this mechanism be explained in ethical logic? Clearly speaking,Between the desire and acquisition of desire,Can the order of logic be discerned? This question is very complicated,For easy discussion,Perhaps it can increase the simple auxiliary design question: in the intuitive form,What are the typical features of personal information protection? If you choose an ethical inspection perspective,So,Only associate the words of knowledge and the desire to get,Only in order to make a clear definition of the right to know the protection of personal information。Knowing desire is a realistic reality,During the endless operation of operation; the desire to obtain is a way of acting that personal information must not be ignored,It will continue to rise in the trend of secular society。So,When the right of knowledge is set directly,Ethics is not cooperating,To be widely recognized in ethics,The right to know must touch the subjective purpose、Need to、can other special value。The right to know the right is moral belief,It is also an ethical value,The significance of personal information protection should be understood。

  3. The virtue of development right.Development right is personal、National、National positive、Freedom and meaningful participation in politics、Economy、Social and Culture Development,and the right to enjoy the interests brought by the development of development,Development right, as a right of personal information protection, has gradually recognized the society。The legal system of personal information protection,It provides external guarantees for the dialectics of morality and happiness,Moving the ethical concept of "good" to make morality.。Morality is a condition for enjoying the right to develop,Morality's sharing of ethical concepts "good" prepare ethical elements for personal information protection,and the prerequisite basis for the development experience and gain of the value。From the perspective of a broad historical perspective,Personal information protection is not complete and always perfect,Instead, with the development of social life and historical evolution,It will gradually expose the shortcomings of their own theory。but,As long,The vitality and vitality reflected in development,is the internal moral precepts and codes of conscience that meets the "good",As a result, the bottom line ethics of social development。

  Provide effective ethics supply

1. Balanced supply.The theory and logic of balanced supply follow some special laws。The contract spirit of modern society is closely related to the respect of traditional society。Balanced supply is a practical reason,Both rational characteristics,It has the essence of practice。Consider from a rational perspective,Balanced supply of knowledge with knowledge,You can understand the understanding of ethics。But,As the ethical logic of personal information protection,Balanced supply has great relativity。If in a practical sense,Putting the balance supply as a practical reason,The importance of irrational factors will be more prominent。In ethical logic,Balanced supply is often not a general understanding,Instead, the concept and principle of guiding personal information protection。Accompanied by the supply of balance is the value selection and legal behavior of personal information protection related subjects,Once the value selection and legal behavior are separated,will lose the spirit of modern social contracts,It may also be an abstract meaning。So,The ethics of traditional culture is in the process of being contractized by modern society,Not only general introduction、Introduction、Explanation and re -explanation process,It is a choice、Creation、The special "balance supply" process accepted。That is to say,During the process of receiving personal information protection, the subject,At the same time of inherent requirements and possibilities of transforming into ethics。

  2. Compatible supply.Chinese and Western understanding of the right to personal information protection is large.,One of the big problems is the problem of "compatibility"。In the ethical logic of personal information protection,Compatible always plays an important role。But,After careful inspection, you will find it,Patient supply has different characteristics in laws and ethics。The legal compatibility in the legal sense is to protect personal information in the sense of "self",Ethics in the ethical sense is to protect personal information in the sense of "relationship"。Understand personal information protection in the sense of "self",Patient supply is right、Obligations and other elements; understand personal information protection in the sense of "relationship",Compatible supply is dignity、Physiology、Composite of various elements such as psychology。Because of this,After the compatibility of ethics,The concept of "self" in the legal sense can effectively correct mutation and deviation in the "relationship" of ethical culture。In the protection of personal information,It should be advocated、Advocate instinct,There is self -practice、Self -Management。This is not simply the rule of law,Non -simple ethics,but a cultural understanding supplied by the rule of law and ethics。

  3. High -quality supply.When the high -quality supply is the effective supply of personal information protection,In fact, it is mainly inspected in the sense of "should be" rather than "actually"。There is a big difference between the theory of rights and effects of ethical laws and the rights of rights revealed by the law。Objects as a pursuit of value,Ethical Law should have practicality,It must be reflected and implemented in the practice of personal information protection,But more importantly,,Must conform to the purpose and value rationality of ethics。It mainly follows the value logic,Not factual logic。If ethical logic is a real sense,With complete objectivity,So,Not only the laws of ethics,And the value of the law,It is a goal for people's value pursuit。Ethical logic reflects human purpose,It has some ideals,Reflected the value pursuit and value ideal of the subject。So,In the protection of personal information,There are two existences of high -quality supply: the existence of value,is the existence of facts。What should be pointed out is,Most laws that adjust personal information protection are largely observed to a large extent,Because it is conducive to people、Maintain peaceful coexistence between people,and the compliance with it is conducive to people、Friendly kindness between people and society。

Speaking,New situation of the protection of personal information、How to change the new problem,As long as the law of personal information protection can overcome the potential ethical crisis,It can promote the development of personal information to develop to a higher level。It can be said,Personal information protection is only under the common maintenance of law and ethics,can we promote the peace and progress of society。

 (This article is the "Political Ethical Research on Political Ethics of the Communist Party of China in response to major emergencies" (20DJB005) phased achievement)

(Author Unit: Marxism College of Nanjing University of Finance and Economics)

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