On Rules for the Fair Use of Private Information and the Optimized Paths

In the information society, the processing of private information and even its fair use of have become a normalcy. Both academic field and practical field dispute with each other about this matter, while the Civil Code and the Personal Information Protection Law remain silent. Conflicts of interest between information processors and information subjects resulting from the use of private information for public interests and other reasons have intensified. Beneficial exploration has been made in the protection and limitations of private information outside the jurisdiction, but the balance between the protection and utilization of private information has not been achieved due to inherent flaws in the relevant systems. Based on the special relationship between private information and general personal information and the triple logic of private information, personal information and other elements of personality, the fair use of private information can be justified. To respond series of the legal difficult position that the fair use of private information has encountered, we should refer to the rules for the fair use of personal information in order to guide the fair use of private information, establish systematically standards for the fair use of private information and construct specific rules for the fair use of private information through typification ways so as to achieve the institutionalized construction of the fair use of private information.