| The principle of data minimization consists of three sub-principles:relevance, minimization and proportionality. The mainstream attitude adopted in the application of this principle is merely recognizing online platforms' accessory purpose of processing personal information that is the realization of specific business functions, while denying its main purpose that is to provide targeted intermediation services. There is a great tension between the sub-principle of minimization and the realization of the main purpose of online platforms, which can hardly be relieved by either the norms on data self-determination or the norms on anonymization. Given the fact that the principle of data minimization should be applied only if the processing of personal information has a negative impact on data subjects, the conditions of applying this principle are not satisfied as long as online platforms act for the data subjects' best interests. With the help of supplementary interpretation of contract, online platforms should be imposed duties of loyalty toward data subjects when they perform main contractual obligations, i.e., they should act for the maximization of consumers' expected interests in the promoted transactions. As to online platforms that fulfill duties of loyalty, they may process non-sensitive or low-sensitive personal information within a reasonably necessary scope, if the comprehensive impact of processing on data subjects' interests is positive, and the negative impact can be limited to a certain extent. |
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