Research On The Conflict And Balance Of Interests About Privacy And The Commercial Use Of Personal Information

Along with the birth and heated development of new media, for example, the emerging Internet, mobile phone, touch screen media and so forth, the society nowadays has entered the information age, which, however, is basically a double-edged sword in essence. One thing for certain is that it assists in the realization of resources sharing, promoting interpersonal communication, reducing the distance the world, enriching people’s daily life and contributing to economic development, at the same time, it gives rise to the commercial use of individual privacy. While data on consumers have long been used for marketing purposes, the Internet has substantially increased the flow of personal information. This has produced great benefits, but it also has raised concerns on the part of individuals about what information is being collected, how it is being used and who has access to it. Commercial exploitation of privacy in today’s society is generated from commercialization and informatization and is anything but a fresh phenomenon. On the contrary, the increasing growth in demand of information and the prevalence of money worship, besides the lack of sufficient legal restraint lead to certain personal information being endlessly taken evil advantage of for the selfish desire of profit-making, and hence conflicts of interest and interest balance issue is inevitably aroused. Nevertheless, there has appears no special research on this particular issue so far. Based on the consideration of that, this paper attempts to fill the gap by tapping and analyzing this specific problem, in the sincere and trivial hope that it may by chance disclose a useful window as to further research on it.Besides preface and epilogue, this paper is technically divided into three parts:The first part involves the professional analysis of commercial use in an inappropriate way and the resulting conflicts of interest, during which it mainly analyzes the conflicts between personal privacy interests which are adversely affected and public interests, interest conflicts among common privacy subjects, conflicts of interest between financial privacy subject and information "share-holder ", and finally the conflict of interest between Internet users and various business companies.During the second part, necessary illustration on interests balance which involves privacy that are commercially used. Based on the particular concept of economic value of individual privacy, couples of effective counter-measures as to the resolution and balance of four above-mentioned conflicts of interest in Chapter One are put forward; in addition, the exploitation right of privacy on the part of the privacy owner is broadened properly which provides the possibility for the diversification of multiple social resources of interests.The third part responds to the concerns about personal date being used for advertising and marketing purposes and focuses on exploring and consummating the legislative idea and new government regulations concerning commercial exploitation of privacy in our country. Analyzing mainly from the perspective of temporary inadequate legislation and private law, it has several consummating legislation proposals relative to the regulatory remedy of commercial disclosure of personal private information taken under consideration What is notable is that the entire legislative suggestion implies complete respect of the direction and law as to the natural development of the market economy.