文章厘清长期混用的个人信息去识别化、匿名化、假名化、去标识化的内涵外延,结合域内外建规立制的发展脉络,搭建动态平衡个体隐私安全与数据充分利用的层级治理方案。充分论证迭代算法有可能重新识别严重不完整的零散数据集,客观上难以达致无法识别且不能复原的匿名状态,亟待有条件免除数据处理者在符合去标识化标准下的同意获取义务。通过基于风险管控搭建的个人信息规制模式、隐私保障方案和以数据利用为核心的权属机制,安全变现数据价值,助力后疫情时代数字经济有序发展。
The purpose of the article is clarifying the concepts of de-recognization, anonymization, pseudonymization, and de-identification with the development path on making regulations, and promoting the dynamic equilibrium between the protection of personal information and the full use of data. Since iterative algorithms may re-recognize seriously incomplete anonymous data sets, it is objectively difficult to achieve an absolute state that cannot be recognized and cannot be recovered. It is necessary to ensure that completely anonymous data does not belong to the category of personal information, and conditionally exempt the processor from obtaining consent obligation under fully meeting the basic standards of de-identification. Through the governance mechanism and the protection mechanism of personal information de-identification based on risk controlling and management, and the ownership mechanism of rights and interests on personal information de-identification with data utilization as the core, rights and interests of specific natural persons will be protected, and the value of massive data will be fully realized. These will promote the harmonious development of economy and society.