Abstract:The wide application of artificial intelligence has posed a great threat to our personal information security. At present, the issue of personal information security has attracted much social attention. How to protect our personal information in the era of artificial intelligence has become a real issue that cannot be ignored. The quality of the treatment of this issue will not only affect our personal interests, but it is also related to people’s trust in the government and social stability. At present, China has not carried out systematic and specialized legislation on personal information protection in the era of artificial intelligence. The introduction of the “Personal Information Protection Law (Draft)” is a historical progress. However, some areas still need to be improved. The law must protect the security of personal information and, at the same time, not discourage the enthusiasm of researchers for improving the protection system of personal information.In the era of artificial intelligence, the security of personal information is faced with challenges in China, including illegal and improper collection, excessive collection, utilization and disclosure, forcing users to agree to collect their information, improper storage and leakage, the sale of personal information for profit. Security of personal information in the era of artificial intelligence is encountering such problems as unclear connotations and attributes of personal information, imperfect relevant laws and regulations, lack of supervision mechanism and organization for protection of personal information, lack of security awareness of necessary personal information among users and processors of information, and the need of multilateral cooperation. The European Union considers the right to personal information as a fundamental right of its citizens, and deems it necessary for increasing the responsibility of those who handle personal information and improving the rules in special circumstances. The EU regards the right to personal information as a fundamental right of its citizens, and believes that the responsibility of the processors of personal information should be increased and the rules for the protection be improved under special circumstances. The practice of protection of personal information in the EU has given us a lot of enlightenment. It is necessary to build up a scientific and reasonable protection system of personal information, to further clarify the responsibilities and obligations of the processors of personal information, set up a special regulatory agency and increase penalties. In addition, the cross-border transfer of personal information should be regulated strictly.To strengthen the protection of personal information in China, we should have clear principles and scope and processing rules of detailed personal information, and strengthen the legal responsibility for fault-presuming principles. We will have to improve the rules for handling personal information by state organs, strengthening the rules for handling cross-border personal information and the obligation of those who handle personal information. In addition, the “Personal Information Protection Law (the second draft)” has added provisions on the rights and interests of the personal information of the deceased to further clarify the subject and manner of the exercise of rights. Moreover, in view of the issue that the “Personal Information Protection Law (the second draft) ”is not clear enough about the work of image collection related to the security of personal information, it is suggested that we should make special provisions for the limitation on face recognition, establish perfect internal supervision mechanisms, set up special institutions to protect personal information, enhance personal awareness and ability, adopt diversified approaches of relief, and further define the responsibilities of subject of prevention and control, so as to form a working situation in which government, enterprises and individuals work together.
郭雪慧. 人工智能时代的个人信息安全挑战与应对[J]. 浙江大学学报(人文社会科学版), 2021, 51(5): 157-169.
Guo Xuehui. Challenges and Responses of Personal Information Security in the Era of Artificial Intelligence. JOURNAL OF ZHEJIANG UNIVERSITY, 2021, 51(5): 157-169.