欧盟数据最小化原则研究

Abstract:The Data Minimization Principle，as one of the important data processing principles of GDPR，reflects the main purpose of protection of personal data rights in the EU. In this model region for the protection of personal data，the Data Minimization Principle caters to the trend of protecting the right of personal data subjects and fills in the lack of effectiveness of informed consent rules，but there are some inevitable difficulties emerged during the process of its implementation，which include poor practical results，incompatibility with technological innovation，and higher data compliance costs. The reasons are as follows：first，the blurred boundaries of obligations weaken its effectiveness；second，its strict enforcement reduces the dynamism of technological innovation；and finally，the imbalance of data rights increases the cost of data compliance. By analyzing the implementation dilemma of the Data Minimization Principle in the EU，the paper proposes that the essential experience of the EU can be used for reference to achieve the goal of maintaining a balance between the protection of personal data and the promotion of dataflow.

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