The Role Of Government About Online Personal Data Protection

Online personal data is a developmental product of Internet, and its protection is the internal demand of well developed cyberspace. as the applications, such as online media, online information retrieval, online communication, online community, online entertainment, e-commerce, e-government, online finance, etc, gradually become part of everyday life, Online personal data has already become an important resource for public sector to administer public affairs and seek public interests, for private enterprise to improve work efficiency and formulate marketing strategy, for Internet users to access network services and engage online interaction. So it is visible that online personal data is of vital importance for public sector, private enterprise and Internet users. However, the more deeply the public sector, private enterprise and Internet users open, collect and use the online personal data, the more seriously they improperly deal with the online personal data, government as the maintainer of public interests and manager of public affairs, is compulsory to regulate the related problems about online personal data and take feasible methods to protect the online personal data.This thesis launches the elaboration from four aspects:Firstly, the concept and classification about online personal data. Online personal data refers to the data that can directly or indirectly identify the individual on the Internet, such as people's name, gender, age, blood type, educational level, marriage, address, race, occupation, habits, hobbies, college, health condition, income, photos, ID number, E-mail address, kinds of Internet user name, etc. According to the different subjects that hold the online personal data, online personal data can be divided into three classifications: the public sector's online personal data, the private enterprise's online personal data and Internet user's online personal data.Secondly, the problems about online personal data protection. The public sector, private enterprise and Internet users all have some problems about online personal data protection. Public sector rely on self-discipline to protect the online personal data on the whole, they rarely considered the detail level about the online personal data collection according to the actual application, and it is lack of clear scope for them to use online personal data, at the openness of online personal data, public sector also don't weigh out the moderate way (how to open), moderate range (whose data can be open) and moderate content (the open level) to open the online personal data. Private enterprise include two parts: private enterprise that purely consider Internet as a management tool and private enterprise that rely on Internet to provide network services, In the protection of online personal data, the private enterprise that purely consider Internet as a management tool pay little attention to the online personal data protection, the phenomenon that they purposely make the data lost and sell the data for money is very serious, and the private enterprise that rely on Internet to provide network services rarely involve the protection of unremarkable online personal data, they rarely tell Internet users the detail level and specific purpose that they collect their unremarkable online personal data and the specific scope that they use their unremarkable online personal data, they also don't make Internet users have the chance and right to choose in the form of"notice"and"choice"at the openness of unremarkable online personal data. As for Internet users, it is common for them to abuse their own online personal data, and it is also difficult for"human flesh search"problem to draw on the advantages and avoid disadvantages, how to improve Internet users' protection consciousness and guide"human flesh search"toward the positive direction is Internet users' main problem in cyberspace.Thirdly, the framework about online personal data protection. We begin from the analysis of subject, content and strategy, and then summarize the framework about online personal data protection. The subject about online personal data protection refers to the organizations and individuals that have rights and obligations to protect the online personal data, it includes the individual who owns the online personal data, the subject who deals with the online personal data and the subject who supervises the online personal data. The content about online personal data protection refers to all the online personal data in cyberspace, but it doesn't mean that we must limit the openness, collection and use of online personal data hardly, we should establish a proper balance between the protection and the reasonable openness, collection and use about online personal data, the content about online personal data protection include all the online personal data in the state of this balance in cyberspace. The strategy about online personal data protection includes law, norms, market and code. Law protects people's online personal data by prohibiting certain behaviors and punishing offenders; norms protect people's online personal data in the form of internet etiquette and social habits; market adjust people's behavior orientation by the quality and price of network service, and then indirectly affects the protection of online personal data; code directly determines the state of cyberspace, directly determines how the online personal data is open, collected and used. By the analysis of subject, content and strategy, we summarize the framework about online personal data protection——by the interaction of law, norms, market and code which are under the guidance of the core value of ethics to protect our online personal data.Fourthly, our government's behavior choice about online personal data protection. In the protection of online personal data, government rarely participates in creating code, and he is disadvantaged in the regulation of code, but government plays an important role in the development of law, norms and market. In cyberspace, government effectively protects the online personal data by"law regulation","norms guidance"and"market supervision"at the strategy of law, norms and market.