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Obligation Of E-commerce Platform On Personal Information Protection

Posted on:2019-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2346330545980179Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of E-commerce,E-commerce platforms like taobao and JD have taken lots of consumers' information to build up the powerful database individually.And in this fierce white war,personal information seems to be an extremely important competitive chip.While the frequent cases about the information disclosure,which highlights the importance of personal information protection,leads to the problem about how to ensure information security more emergently.So,as the direct manager of users' information,what is the obligation for those E-commerce platforms?Under the principles of architecture,as we know,platform protection obligation can be divided into two categories:for one,the platform is a network trade operator,having tasks to collect as well as keep the users' personal information.The relationship between users and platform is equal.For the other,as a network service provider,platform needs to manage the trading information between users,which means such relationship is self-governing.In fact,the obligation of the platform under such dual relationship is inseparable from its private nature and publicity.The "private" property of the platform determines the equality between the platform and users,and requires the platform to fulfill its obligations under the service agreement and administrative supervision.The"public" attribute determines the platform for the partition of relationship between users,which requires the powerful control of the platform to change the traditional regulation pattern of "government-the administrative relative person" between the"dual" regulation for "personal-platform-the government" "triangle",to the implementation platform of private regulation,obligation of subjectivity.During the process to fulfill the obligations of the platform,we also need to be aware of the escape phenomenon of public law obligations:we should respect the nature of the platform's private subject,and prevent the state from transferring too much responsibility onto the platform.Also,it is necessary to pay attention to the publicity of the platform itself,and to abide by the principle of procedural justice and other public law in the performance of the platform.
Keywords/Search Tags:personal information, platform obligations, equality, self-governing, private subject, the public
PDF Full Text Request
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