%0 Journal Article
%A ZHANG Jianwen
%A LIU Xiaotian
%T Between Protection and Utilization: Judgement Standard of Fair Use of Personal Information
%D 2021
%R 10.19722/j.cnki.1008-7729.2021.0131
%J Journal of Beijing University of Posts and Telecommunications(Social Sciences Edition)
%P 22-30
%V 23
%N 6
%X Different from informed consent mode in general situation that allows information processors to process personal information without the consent of information subjects, fair use of personal information refers to the limitation of personality rights that natural person enjoys in personal information. In nature, it is a statutory exemption to the principle of informed consent. It shows a trend of expanding from public interests to commercial purposes in judicial practice. Presupposing fair use of commercial purposes, based on the provisions of the law on the application of fair use rules, and combined with the specifications of proportionality principle after delicacy operation, judgement standard of fair use of personal information should be set up, in order to develop the role of value guidance that fair use of personal information plays.
%U https://journalsk.bupt.edu.cn/EN/10.19722/j.cnki.1008-7729.2021.0131