Abstract：In the context of new technological development, how to maintain the applicable vitality of the Personal Protection Law is an important proposition. The scenarios model and domain law scheme have proposed new approaches for the application of the Personal Protection Law. Although the scenario-based application caters to the specific needs of personal information law, it has an inherent confliction with the canonical norms and cannot be universally applicable. The domain law scheme has specific legal value, but its own independence and systematicity is hard to be achieved. Moreover, its relationship with the departmental laws, namely relevant field laws, is difficult to be coordinated and it is not easy to form a unified category of behaviors. As a result, the domain law approach faces a series of practical obstacles. Meanwhile, the existing local system has a strong adaptability. With the current two applicable approaches, the Personal Information Law is still able to effectively cope with a series of new problems: (1) based on the method of legal interpretation, the connotation of some basic categories can be expanded with the purpose of the specific legislation; (2) the new rules can be embedded into the existing institutional framework through the judicial application techniques and the exercise of judges' discretion can be emphasized.
冯恺. 新科技时代个人信息保护法的适用出路[J]. 浙江工商大学学报, 2023, 37(6): 56-65.
FENG Kai. Application of Personal Information Protection Law in the New Technology Era. Journal of Zhejing Gongshang University, 2023, 37(6): 56-65.
2023, Vol. 37 
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