Typological Reconstruction of the Legal Basis for Administrative Organs' Processing of Personal Information

Abstract

The transformation towards digital government drives a structural shift of administrative functions towards an information governance paradigm. The processing of personal information has evolved into a core tool for fulfilling public duties and achieving administrative purposes. However, under the current non-reciprocal nature of administrative legal relations, the "informed consent" rule exhibits a weakened constraining function. Meanwhile, the generality of "statutory duties" as a legal basis leads to a tendency towards the overextension of authorization boundaries. The act of administrative organs processing personal information possesses a substantive attribute of rights restriction, necessitating a return to the strict confines of the principle of legal reservation. A typological regulatory pathway, based on differences in the degree of rights intervention, technological scenario risks, and administrative purposes, represents the appropriate choice for reconstructing its legal basis. By reconstructing the normative governance framework, the aim is to re-establish a balance of legal interests between overall administrative efficiency and individual informational self-determination, thereby promoting a logical shift in personal information protection from adherence to singular rules towards systematic governance.