论国家机关处理个人信息的合法性基础

我国个人信息保护法对国家机关处理个人信息作出了特别规定,但未明文解释其适用对象或澄清处理的合法性基础。个人信息保护领域的国家机关应采广义,除了通常的国家机关,还包括法律、法规授权提供公共服务的组织和规章授权组织。根据我国个人信息保护法第13条和民法典第1036条,国家机关处理个人信息具有多元的合法性基础:法定基础包括履行法定职责所必需,订立、履行合同或人事管理所必需,为应急所必需,合理处理已自愿或合法公开的个人信息,法律、行政法规规定的其他情形;意定基础指取得个人同意;酌定基础指为维护公共利益或者信息主体合法权益而合理处理个人信息。不同的合法性基础对应不同的告知同意规则,需准确理解适用。

On the Legal Basis for State Organs to Process Personal Information in China

The processing of personal information by state organs has been established for the firsttime by the special rules in the Personal Information Protection Law of PRC,which however have failed to expressly explain their applicable objects or clarified their legal basis.In the first place,public agencies involved in the personal information protection should be broadly construed and shall include the organizations authorized by laws and regulations to provide public services,as well as the organizations authorized by departmental rules.Second,according to Article 13 of the Personal Information Protection Law of PRC and Article 1036 of the Civil Code of PRC,the legal basis for the processing of personal information by state organs can be grouped into three categories and seven items.The first category is the statutory basis,which includes the necessity for exercising legal duties—concluding or performing contracts or personnel management,protecting citizens’rights and interests in emergencies,and includes the reasonable processing of personal information that has been voluntarily or legally disclosed,as well as in other circumstances stipulated by laws and administrative regulations.The second is the consent-based ground,which refers to the processing of personal information upon the consent of the persons concerned.The third is the discretionary ground,which refers to the reasonable processing of personal information in order to safeguard the public interest or the legitimate rights and interests of natural persons.Different grounds entail different notification obligations and exceptions,which shall be understood and applied properly.