Abstract:
The review structure of the principle of minimum and necessity is incomplete in practice, the content of the review in academic theory is controversial, and the complete review framework is not clear. In order to ensure the effectiveness of the implementation of relevant laws such as Personal Information Protection Law , the complete review framework of the minimum and necessary principle should be clarified. Based on the interpretation of the current norms, the principle of minimum and necessity belongs to the embodiment of the principle of proportionality in the processing of personal information; based on the retrospection of the principle of minimization in EU law, the necessity review and proportionality review have made a comprehensive and detailed inspection of the processing of personal data. It has a solid implementation foundation, conforms to the norms of China’s positive law, and has a strong reference value. According to the “full rank” operating structure of the proportionality principle, the necessity review and proportionality review are absorbed, and the minimum and necessary principle forms a complete review framework, and under the “end-means” relationship in the proportional principle , the minimum and necessary principle can be used to carry out normative review. Its normative steps include three major aspects: “fact description”, “examination of the legitimacy of the purpose”, and “inspection of the effectiveness, ‘minimum’ damage and proportionality of the means”. In particular, the principle of informed-consent can determine the application and shrinkage of the minimum and necessary principle.