Research On Legal Issues Appeared During Enterprise Dealing With User Information

Personal information rights and interests are rights and interests of the personality, so protecting personal information is to protect a person’s personality. With the development of data collecting and gathering technology, economic value of personal information is becoming more prominent. Besides that, enterprises are paying more attention to users’ personal information collection and utilization. Meanwhile, the threat of personal information security (such as information emission, stealing information and abuse of information) happens occasionally. In addition, the process that enterprises deal with their user data is short of clear standard and is under no supervision. Personal information protection is legally backward in our country, so enterprises have no precise legal relationship, rights and obligation when they deal with user data. Also, there is no complete regulations and supervision to behavior concerned about data. Moreover, the method and extent of data protection are almost entirely determined by companies themselves. By analyzing the behavior and procedure of enterprises dealing with user personal data, this article will identify that the relationship between companies and users are simply determined by contracts (specifying rights and obligation of both parties) laws and regulations. During the process of enterprises dealing with user data, users have rights to know, to choose, to consult, to delete the data and to seek for compensation. They also have obligation to ensure their data to be authentic. Enterprises should deal with data in accordance with laws. Additionally, enterprises ought to protect users’ rights by taking necessary measures to guarantee the security of data. The standard of those measures should not be lower than the standards to protect their own business secret. Legislation should clearly regulate rights and obligation, behavioral norms including information processing method and procedure. Furthermore, laws shall be stricter, particularly when it concerned with international information transmission. This article will focus on issues above and try to provide with some theoretical support on legislation of personal information protection. With these efforts, we believe that we could protect Internet users’ information rights and obligation better.