关键词: 个人信息保护, 商业目的, 加重责任, 商业行为, 目的限制原则

Abstract: The Personal Information Protection Law (PIPL) establishes the “Purpose of Use” as a fundamental factor in balancing the protection and utilization of personal information. It explicitly designates the “Purpose Limitation Principle” as a fundamental principle governing personal information processing activities. As the commercial attributes of personal information become increasingly prominent, behaviors involving the provision and use of personal information for profit-driven purposes necessitate focused scrutiny. On the one hand, such commercial exploitation exacerbates informational risk relations; on the other hand, it has eased the relationship of information control and profoundly influenced the fundamental principles of personal information legislation based on personality rights. It is necessary to reconcile this with the concept of increased liability in commercial law. Personal information protection should be differentiated based on profitability, from traditional one-way management to bilateral regulation, which emphasizes restrictions on personal information subjects while regulating personal information processors. For for-profit personal information subjects, the arbitrary exercise of their rights such as consent revocation and transfer should be restricted, and a legal obligation to provide truthful and accurate personal information should be imposed. For for-profit personal information processors, they should have a special duty of care and bear necessary social responsibility and stricter tort liability.

Key words: personal information protection, commercial purpose, enhanced obligation, commercial activity, principle of purpose limitation