Research On Legal Problems Of The Protection Of Rights To Personal Information In The Third Party Payment

With the rapid development of the Data Age,the trend of e-commerce is irresistible.As a derivative in the process of e-commerce development,the third party payment emerges.On the basis of absorbing the traditional payment model of bank network,the third party payment is characterized by small,fast and convenient,and after several generations of technological innovation,it gradually becomes an indispensable means of settlement in the daily life.However,the legal protection of the personal information right,due to the lack of special legislation,the confusion of regulator and the insufficiency of the relief mechanism,coupled with the virtual nature of the transaction and the asymmetric information of the buyer and seller,still faces a severe test.Through the interactive application of the method in comparative research and literature research,the purpose is to clarify the legal nature of the third party payment institution,to define the legal attribute of the personal information right,to point out the tort type and the cause of the personal information right in the third party payment,and then to draw inspiration from the advanced mode of protecting the individual information right in the overseas region.Finally,the author puts forward some suggestions on how to strengthen the protection of personal Information rights in the third party payment.The full text is divided into five parts:The first part is the summary of the personal information right in the third party payment.This paper introduces the basic theory of the right of personal information in the third party payment,including the legal relationship of the third party payment,the legal attribute of the third party payment institution,the definition of the personal information right and the legal attribute of the personal information right.The second part is the analysis of the infringement type and cause of the personal information right in the third party payment.Starting from the Tort form and harmfulness of the personal information right in the third party payment,the author sums up the reasons of the infringement of the information right in the third party payment from the law,the inequality of the two sides and the consumers themselves.The third part is the current legislation and insufficiency of the protection of personal information right in the third party payment.Because there are some problems such as the decentralization of legislation,the lack of basic principles,the special law of third party payment is seriously absent,which restricts the development of China's third party payment industry.The forth part is the legislation and reference of the protection of personal information right in foreign third party payment.This paper analyzes the protection mode and current situation of the personal information in the United States and the European Union,sums up the reference meaning of the legal protection system of the personal information right in the third party payment in our country,The last is the legal suggestion to the protection of the personal information right in the third party payment.This paper puts forward some suggestions on how to construct and perfect the legal system of personal information protection in the third party payment in accordance with the situation of our country.