关键词: 个人敏感信息, 界分基础, 模式选择, 立法表达

Abstract: Personal information is divided into general personal information and personal sensitive information based on sensitivity, value gradient, and risk of infringement Facing the urgent need to protect personal sensitive information, the United States, the European Union and other countries and regions have successively introduced examples of new boundaries, while Chinas relevant regulations are either narrow or broad and judicial standards lack uniform standards Combining internal and external theory and practice, Chinas legislation should make a three-dimensional boundary about personal sensitive information: in the aspect of essence, it is defined as “if revealed or abused, the information will pose a great threat to individual freedom and personal dignity, and it will easily cause personal and property damage to information subjects; in the aspect of type, it is listed as “personal health information, biometric information, identification number, whereabouts, property information, sexual life and sexual orientation, etc”; in the aspect of judgment, it is stipulated as “factors such as scenarios and processing purposes to be considered” Based on this, Article 1034 of the Civil Code (Draft) should be revised and the relevant provisions of the Personal Information Protection Law should be designed，so as to make the appropriate legislation expression to the personal sensitive information

Key words:  personal sensitive information, bounded basis, mode selection, legislative expression