Research On Corporate Responsibility For Personal Information Protection

With the advent of the era of big data,the economic value of personal information has become increasingly prominent.In order to gain competitive advantage and high profits,more and more enterprises have begun to infringe personal information,which not only seriously damages the legitimate rights and interests of information subjects,but also jeopardizes the healthy development of big data industry in China.The reason is that personal information protection legislation lags behind in our country,and the corporate responsibility for personal information protection is not clear.In order to reduce the infringement of personal information from the source,as well as protecting the legitimate rights and interests of the information subject and the public interest,it shall strictly regulate the behavior of enterprises dealing with personal information,and perfect the responsibility contents of the enterprises for personal information protection.Exploring the definition and legal attributes of personal information is the premise of deducing corporate responsibility.The author agrees with the main point of the academic world,which defines personal information as information that can identify a specific individual.In the era of big data,the publicity and shareability of personal information has become increasingly prominent.So the author agrees with the method to characterize personal information as public goods and replace the traditional private rights protection paths with public power protection,trying to build a system of the corporate responsibility for personal information protection.The author founds that there are many legislative provisions on personal information protection in China,but few regulations are concerned about corporate responsibility,through sorting the legislation situation.Furthermore,those regulations are fragmented,backward and difficult to implement.Looking beyond its borders,the industry self-regulation protection mode of American and the legislation protection mode of EU have been perfected,which has great significance for China.Based on the legal attributes of personal information characterized as public goods,the author combines China's specific national conditions with legislative status,and draws on the advanced foreign legislative experience,proposes China's mode of personal information protection.This protection model is based on legislation protection and supplemented by industry self-regulation.We can perfect the corporate responsibility contents by improving national legislation,industry self-regulation,and technology construction.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter is to study the basic theory of personal information.The author agrees to define the personal information by recognition theory and characterize personal information as public goods.Moreover,the major forms in which enterprises infringe personal information are listed.Finally,it illustrates the necessity to regulate the responsibility of enterprises for personal inform ation protection.The second chapter is to study the present situation and defects of legislation in our country.China adopts a new mode to regulate corporate responsibility,which combines the decentralized legislation with special legislation in the Internet field.There are some problems in this model,such as incomplete legislative system,backward legislative concept,unclear regulatory authority,and difficulty in implementing the legal responsibility of enterprises for infringing personal information.The third chapter is about comparatively reviewing personal information protection.By contrasting the industry self-regulation protection mode of American and the legislation protection mode of EU,the author thinks it is more reasonable to adopt the protection model in our country,which is based on legislation protection and supplemented by industry self-regulation.The fourth chapter is about the suggestion of perfecting the corporate responsibility for personal information protection.On the one hand,we need to clarify the basic principles and codes of conduct for enterprises to process and protect personal information.We also need to strengthen supervision and implement the legal liability of illegal enterprises.On the other hand,we should strengthen the construction of self-regulation,which plays an important role for perfecting the corporate responsibility for personal information protection.Meanwhile we must strengthen technology construction and raise awareness of information protection among employees.Therefore,this article aims to propose the reference and suggestion to China's personal information protection legislation,as well as protecting the legitimate rights and interests of the information subject and the public interest by studying the responsibility of enterprises for personal information protection.