未成年人个人信息保护中监护人同意规则的检视与完善

Review and Improvement of Guardian Consent Rules in the Protection of Minors' Personal Information

  • 摘要: 监护人同意规则是监护人知情权和代理权在未成年人个人信息保护领域的自然延伸,但在适用范围、实施方式和保障方式上仍面临诸多困境。对该规则作本体论分析后,对保护的客体作目的论限缩解释,破解未成年人个人信息与敏感个人信息的逻辑冲突。同时,权衡该规则与未成年人个人信息权益的理论竞合关系,并与传统民法体系相衔接,将监护人同意界定为法律行为。以此为基础破解现实困境,还需坚持最利于未成年人原则,具体以分级分类管理为思路,从适用范围的三阶层修正、实施方式的强弱区分和保障方式重构三个方面着手,体系化完善监护人同意规则的特殊规定。

     

    Abstract: The guardian consent rule is a natural extension of the guardian's right to know and power of attorney in the field of protection of minors' personal information, but it still faces many difficulties in the scope of application, implementation and protection. After the ontological analysis of this rule, the theory should be made to explain the object of protection, to crack the logical conflict between minors' personal information and sensitive personal information. At the same time, the paper weighs the theoretical competition and cooperation between the rules and minors' personal information rights and interests, and connects with the traditional civil law system to define guardian consent as a legal act. Based on this, to solve the practical dilemma, it is necessary to adhere to the principle that is most beneficial to minors, take hierarchical and classified management as the idea, and systematically improve the special provisions of the guardian consent rule from three aspects: three-level revision of the scope of application, differentiation of implementation methods and reconstruction of protection methods.

     

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