On The Protection Of Consumers' Personal Information By Behavior Regulation Mode

In the era of big data,the digital economy is developing rapidly.The information economy makes the content and relationship of interests contained in personal information break through the traditional right of personality and property interests,and can generate great commercial value.Accompanied by the sudden increase in the use of consumer personal information to gain profits from the operators,the intrusion of consumers and even the loss of property and life.Legislation,current affairs paradox,policy enforcement,etc.have all shown great concern for the protection of consumers'personal information.Article 111 of the The Civil Law of the People's Republic of China General Part also writes personal information should be protected by law into a chapter on civil rights,showing the legal evaluation and value judgment of personal information.However,there are no clear and effective legal provisions on how to protect personal information.Through the combing of judicial cases,it can be found that the courts are more applicable to the privacy protection rules in civil law when refereeing personal information infringing civil cases.Because the privacy protection system imposes strict requirements on the plaintiffs burden of proof,and the consumer whose personal information is harmed by the behavior of the operator is in a serious information asymmetry position relative to the operator,the ability to prove is limited,resulting in consumers often failing to win,and a few winning case has not been able to bring substantial compensation to consumers.The low cost of illegal activities and the difficulty of judicial relief make consumers' personal information infringement happen frequently,and there are very few cases in which consumers sue the operators through judicial channels.In the context of big data,personal information cases in judicial practice are basically consumer personal information violation cases.When a citizen purchases goods and services online,personal information is provided,and the operator can collect personal information of the consumer online.For example,consumers need to use a social software APP product,which is required to have a real name system and allow operators to enjoy the right to collect personal information,thus providing the possibility for the operator to illegally use or disclose the personal information of the consumer.Law of the People's Republic of China on the Protection of Consumers'Rights and Interests stipulates the legal obligations of the operator to collect and use the consumer's personal information and the legal liability for breach of relevant obligations,which is of great significance for the protection of consumers' personal information.Therefore,if the current personal information infringement case is judged from the perspective of consumer rights protection,the rights and obligations between the victim of the personal information and the injurer can be more fairly and effectively balanced.Therefore,it is of great significance to study the behavior regulation model of consumer personal information protection in the Law of the People's Republic of China on the Protection of Consumers'Rights and Interests.This article starts from the provisions of Article 29 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests on the obligation of operators to collect and use consumer personal information,and conduct research on the protection of consumers' personal information in the context of big data.The introduction part introduces the problem of consumer personal information protection in the big data environment through typical cases,and analyzes the difference between civil law protection and economic law protection.The second part expounds the basic theory of consumer personal information protection,introduces the legal form of consumer personal information protection at the present stage,and analyzes the protection of consumer personal information through the behavior regulation mode stipulated in the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests.the reason.Then,it analyzes the legal provisions and consumer judicial practice of consumer protection of consumer information in Law of the People's Republic of China on the Protection of Consumers'Rights and Interests,pointing out the existing legal provisions of the Consumer Protection Law and the deficiencies in judicial application,including consumer knowledge.The interests cannot be met,the operators' safety guarantee obligations have no uniform standards,and the burden of proof rules are not conducive to consumer rights protection,and damages are not compensated.The fourth part of the article compares foreign behavioral regulation models for collecting and using personal information by operators,mainly for the EU General Data Protection Regulation(GDPR)and the latest US Consumer Data Protection Act.In the Act,the analysis of the operator's obligation to inform,the obligation to protect,the obligation to delete,and the liability for infringement of evidence are analyzed.The fifth part of the article is aimed at the shortcomings of the current law in China,and draws on the foreign consumer personal information protection system and practice,and proposes to modify and improve the relevant systems in China.The article is deeply rooted,from asking questions to analyzing problems to finally proposing solutions,reflecting the author's understanding of the protection of consumer personal information in the era of big data and thinking about the improvement of future systems.Consumer personal information protection in the big data environment has become an urgent problem to be solved.The solution to this problem can be addressed and discussed from a variety of legal perspectives.This article only discusses the obligations of the operators in the Law of the People's Republic of China on the Protection of Consumers',Rights and Interests on the collection and use of consumer personal information.It is hoped that it will help to improve the legal protection of consumers'personal information in the context of big data.