Research On Legal Protection Of Personal Information In E-commerce

With the development of big data technology,"information" has become the most valuable resource,as well as in the field of e-commerce.E-commerce operators use their superior position to plunder "personal information" and personal information is "scarred." This shows that there are many problems in the protection mode of personal information nowadays.However,the problem should not be simply attributed to the lack of "personal information legislation".The lack of self-discipline of e-commerce operators is also one of the reasons.There is a conflict between "profit-seeking" and "personal information protection" of e-commerce operators.Therefore,the key to solving the problem should be to balance the relationship between them.The first part of this paper firstly analyses the basic theory of personal information in e-commerce environment.This part introduces big data,e-commerce and personal information in e-commerce,clarifies the characteristics of personal information in e-commerce,and discusses the legal relationship of personal information in e-commerce.The second part focuses on the specific dilemma of personal information protection in China's e-commerce.The particularity of e-commerce itself makes users in a weak position,and personal information is collected at will and used illegally.The specific cases of infringement include personal and property losses caused by illegal collection,illegal use and disclosure of personal information.However,China's industry,legislation and judicial protection is not sufficient,only industry self-regulatory conventions and privacy policies in the field of industry.At present,there is no special legislation for personal information protection in our country,so there is no systematic protection for personal information.In terms of specific rules,there are also some problems that need to be solved urgently,such as unclear definition of nature,difficulty in identifying infringement and lack of legal liability norms.The third part analyses the legislative mode of personal information protection in extraterritorial e-commerce and chooses the mode of personal information protection in China.At present,the protection of personal information in China mainly depends on the mode ofcombining "decentralized legislation" and "industry protection".Through the interpretation of the legislative mode of the United States and the European Union,the legislative mode of combining "unified legislation and industry self-discipline" should be adopted in the protection of personal information in China,and a unified personal information protection law should be established.At the same time,in the field of industry,the relevant industry rules should be improved to better play the guiding role of industry associations.The last part puts forward the legislative framework of personal information protection in the field of electronic commerce.Firstly,the basic principles of personal information protection should be determined to provide a leading guide for personal information protection;secondly,the scope of personal information protection law should be clearly defined,the specific definition of personal information should pay attention to the distinction between similar concepts,and the double definition criteria of "identifiable" and "substantial impact" should be established.Thirdly,we should enrich the specific framework of the content of personal information rights,including the right to informed consent,the right to control personal information and the right to delete it;Fourthly,in the construction of the tort liability system,we should clarify the subject of legal liability for personal information infringement,the specific principles of liability attribution for personal information infringement and the way to bear legal liability for personal information infringement.The dynamic balance between information circulation and information protection can be better maintained through the construction of specific systems.