Research On The Effectiveness Of Personal Information Protection In Network Communication

Personal information is closely related to personal dignity and property security.In the network communication,the risk of personal information security crisis and privacy communication has become a prominent social problem.As the basic law in the field of network security,The practical effect of the Cyber Security Law in the protection of personal information directly reflects the effectiveness of current China' s laws on the protection of personal information.The paper intends to start from the Cyber Security Law as the entry point,the interpretation method and comparative research method are taken as the core research method,supplemented by case analysis.First of all,this paper compares and analyzes cross-recognition of personal information and privacy concept definition and regulation protection inside and outside the domain,and uses the interpretation method to clarify the relationship between personal information,strict meaning privacy and broad meaning privacy.The paper finds that the issue of personal information protection in China's current law and judicial interpretation seems to form a multi-faceted and cross-protected legal protection system.However,there are actually problems of over-principle,excessive criminal accountability and fuzzy protection boundaries.In addition,due to the intertwined relationship between personal information and privacy,the overlapping scope of protection,and the infringement of the consequences,the concepts are defined and mutually interchanged.Considering the sociality of the use of new media and the irreversibility of communication technology,the connotation and extension of privacy in the traditional sense should be reduced and narrowed.Therefore,it is proposed to establish the legalization principle of personal information protection in the Cyber Security Law.This paper advocates "identifiable" as the core legal element of personal information,with "processable" as the formal element and"sensitivity" as the legal measure.And whether it involves personal dignity;whether it violates public order and good customs;whether it belongs to common privacy;whether it meets reasonable expectation;whether there is actual malice as the principle of order consideration for strict privacy protection.The second is to start with the Cyber Security Law privacy provisions,protection models,regulatory methods and communication environment characteristics,comparing with the legislative,executive,and legal applications of the United States,the European Union,and Japan in the level of personal information protection to find the deficiency of the Cyber Security Law.The paper finds that the Cyber Security Law faces the dilemma of traditional legislative mode in the aspect of personal information protection,and the strict meaning privacy of normative is not enough and the failure of privacy regulation means in the new media environment.Moreover,due to the virtual nature of network communication and the profitability of the Internet industry,third-party infringement and accurate advertising pushes are not effectively regulated,resulting in limited effectiveness of the Cyber Security Law on personal information protection.Therefore,the paper proposes to strengthen the government's administrative law enforcement supervision and encourage Network operation to fulfill the management obligations.By setting up Third-party audit agency and establishing pre-examination mechanisms to strengthen the enforcement of personal information regulation provisions in the Cyber Security Law.In addition,it advocates the adjustment of the burden of burden of proof in civil action by establishing the principle of "Ternary imputation",and pays attention to the determination of the infringement method in criminal litigation to fill the judicial relief mode of "self-report first,public prosecution supplement",thus overcoming the limited of the Security Law in the protection of personal information.It is expected to improve the effectiveness of laws on the protection of citizens' personal information in online communication.