Legal Protection Of Consumers' Personal Information In Third-party Payment

Third-party payment,as the most dynamic part of Internet finance,has always been the focus of academic attention.At present,the research on third-party payment in the academic circles mainly focuses on the development of third-party payment industry,the main body of supervision,risk management and the supervision and positioning of payment institutions.However,there are few studies on the third-party payment market from the perspective of consumer personal information security protection.In the context of the rapid development of e-commerce,personal information is inevitably involved in the online transaction process of consumers.When a third-party payment platform collects,manages,analyzes,and utilizes information from all parties to the transaction,there is an act of infringing on consumer rights.Infringement of consumer personal information not only directly damages the personal dignity of the consumer,causes property damage,but also hinders the development of the entire third-party payment industry.Therefore,the author believes that it is necessary to study the protection status of personal information in third-party payment in China,analyze the crux of the problem of personal information protection,and finally propose a specific solution path for the analysis results.In addition to the introduction,this article has three chapters.The article first introduces the theme through the case,and then combs and defines the basic theory of consumer personal information in the third-party payment.On the basis of this,the personal information of the third party payment in China is discussed.The necessity of protection,and then analyze the current situation of consumers' personal information infringement under the third-party payment mode and the difficulties faced by the legislative,regulatory and relief aspects.Finally,in view of these dilemmas,a feasible protection path is proposed.The first part of this paper is the basic theory part.The article first defines the personal information and related concepts in the third-party payment model,so as to clarify that the personal information discussed in this paper refers to the identification of or the specific information subject in combination with other information.information.Thereafter,on the basis of clarifying the concept and scope of personalinformation,the scale of personal information and the uniqueness of content in the third-party payment mode are highlighted to show the necessity of protecting personal information in the third-party payment mode.The second part is the focus of this paper.This part mainly expounds and analyzes the status quo of consumer personal information protection and the dilemmas faced by third party payment in China.First of all,in the information gathering stage,because of the weak position for consumers,the principle of“informed consent” and “clear purpose” is overhead;the platform has abused power in the management process after the information is collected,but the current law is for the platform.These actions lack effective supervision;finally,there are no effective remedies for legislation,law enforcement and justice in view of the existence of platforms that infringe consumers' personal information rights.The third part is the core part of this paper,which mainly proposes a feasible protection countermeasure against the dilemma existing in the second part.The article first introduces the status quo,advantages and disadvantages of consumer information protection in Europe and America.Then,referring to the experience of personal information protection in Europe and America,this paper proposes an adjustment model suitable for China's current legislative tradition and the development of China's e-commerce..Then,in response to the problems raised in the second part,combined with the perfect path chosen by the author,the paper puts forward suggestions such as establishing a new regulatory framework,strengthening the supervision of information management behavior,and improving the current relief system.