第二種非公開方法,其規範道理與循環論證相同,然其著重以反面定義之方 式

第二种非公开方法,其规范道理与循环论证相同,然其著重以反面定义之方式决定PII 之范围,不似循环论证是以正面方式认定,例如当资讯属于大众可接触,或纯粹统计之数据时,不落入此二者之资讯即可被定义为PII,又如美国金融服务业现代化法案376,即定义个人可辨认财务资讯系指不公开的个人资料, 此方法之优,缺点大致和循环论证相同,惟以资讯公开或非公开作为认定PII 的要件,未必与个人辨识相关,将产生如公开的个人姓名,地址等可辨识个人之资讯,无法落入PII 保障中,却可与其他非公开的资讯相互勾稽,产生隐私保护的漏洞. 377 第三种为列举方法,即直接列举出属于PII 的资讯为何,符合列举项目者视

The second non-public method has the same normative principle as the circular argument. However, it focuses on determining the scope of PII in a negative way, unlike the circular argument in a positive way. For example, when the information belongs to public accessible or pure statistical data, the information that does not fall into the two can be defined as PII, such as the U.S. Financial Services Modernization Act 376, That is, the definition of personal identifiable financial information refers to private personal data. The advantages and disadvantages of this method are roughly the same as those of circular argument. However, taking public or non-public information as the elements for identifying PII may not be related to personal identification. It will produce identifiable personal information such as public personal name and address, which cannot fall into the PII guarantee, but can be cross checked with other non-public information, Create privacy protection vulnerabilities 377 the third method is enumeration, that is, directly listing the information belonging to PII. Those who meet the listed items are regarded as

The second non-public method, whose normative principle is the same as circular argument, focuses on determining the scope of PII with the formula defined in the opposite direction, unlike circular argument, which is determined in the positive way. For example, when information is accessible to the public or purely statistical data, information that does not fall into both can be defined as PII. Another example is American Financial Services Modernization Act 376, which defines personal identifiable financial information as personal data that is not disclosed. The advantages and disadvantages of this method are roughly the same as that of circular argument, but the disclosure or non-disclosure of information is not necessarily related to personal identification, and it will generate identifiable personal information such as public personal name and address, which can't fall into PII protection, but can cross-check with other non-public information, resulting in privacy protection loopholes. 377 The third method is the enumeration method, that is, directly enumerate the information belonging to PII, which meets the requirements of the listed items.