Network Operator Collection And Transmission Personal Data Behavior Legal Norm Research

In the context of the widespread usage of big data,cloud computing,mobile Internet,and a variety of intelligent terminals age,personal data hides huge business value,and profit-making network operators have a lot problems in data collection and transmission,making personal data facing serious violations.The purpose of this paper is to find out the place where the domestic relevant legal norm which needs to improve,to learn the advanced effective conduct,and to complete the home legal norm based on the sort out of domestic and overseas relevant legal norms.In this paper,the literature research method is used to sort out and identify a large number of documents,clarify the current situation and shortcomings of the research topic,and take the comparative analys is way from the legal principles,the source of rights,legal obligations,infringement act,legal responsibilities and regulatory mechanism aspects of the discussion.The basic principles of home and abroad are relatively consistent,main princ iples are the specific purpose principle,inform and consent principle and purpose restriction princ iple.The source of network operators rights about collection and transmission personal data are basically the same,Including compliance with inform and consent,fit in the specific purpose requirement,specific contractual relationship requirements,and legal requirements.Its statutory obligations classified as the personal data quality assurance,security,ensure data subject rights enforcement and data security breach notification.There are three illegal acts such as over-collection of personal data,disclosure of personal data and the existence speculation of privacy policy.For these three wrongdoings,this paper makes analys is and explores the principle of imputation and accountability.In the regulatory mechanism,mainly analyses EU’s micro-medium-macro three-level coordination of the regulatory system.On this basis,the paper links the theoretical legal norms to practices as "Zhu Ye sue Baidu privacy dispute case" and Taobao business disclosure of personal data for the typical cases analys is of network operator collection and transmission personal data behavior.Through the comprehens ive and in-depth study on the subject of this paper,it is pointed out that the problems of the legal norms of the collection and transmission of personal data in domestic network operators mainly are broad and general domestic legis lation,the difficulties of infringement,and the absence of specialized supervision institutions.And put forward some targeted recommendations as unify the systematic legislation and detail laws and regulations,change the princ iple of imputation and establish the reporting mechanism,establish the supervisory institution and pay attention to the public supervis ion,look forward to having an extent influence of improving and completing China’s relevant legal norms.