Research On Personal Information Clause In Third-Party Payment Platform Agreement

With the arrival of big data era,the control of information has become the commanding point of the comprehensive strength competition of the major platforms.At the same time,personal information disclosure,malicious grabbing,hacker attacks and other information security incidents emerge in endlessly.For example,Huazhu's hotel chain of customer information sold in the dark,including Hanting Hotel,Mercure,CitiGo and other hotel users of the total number of information leakage close to 500 million;Yuantong Express sold 1 billion items of express information in late 2014,including sender's name,telephone number,address,etc.,and the frequent outbreak of personal information security incidents such as Alipay's annual bill incident since then.In recent years,Chinese people have paid more and more attention to personal information security.And the Law on Cyber Security,the decision of the standing Committee of the National people's Congress on strengthening the Protection of Network Information,The promulgation of laws and regulations on information protection,such as the regulations on the Administration of the Credit Industry and the Code for personal Information Security of Information Security Technology,All put forward more requirements for the platform to meet the compliance of personal information management and protection.In order to collect more information without violating the relevant laws,regulations and regulations on personal information protection,service agreements and privacy policies have become "sharp weapons" for compliance on various platforms.That is,each platform through the formulation of service agreements,privacy policies to limit the information rights and interests of users,circumvent the platform's personal information protection obligations or other responsibilities,in order to achieve the maximum protection of the interests of the platform,the platform to bear the minimum responsibility.In addition,each platform is unable to register and use its platform services without clicking to agree to its service agreement and privacy policy by setting up an electronic information system.So that users have to agree to the rules of their platform in order to facilitate social life.Because the third-party payment platform is closely related to the social life and economic activities of the people,it is representative in practicality.And the third-party payment platform audience,such as Alipay,WeChat and so on,its service agreement and privacy policy compliance or not related to the vital interests of the Chinese people.Therefore,through the current high utilization rate in the Chinese market of the ten third-party payment platform service agreements,privacy policy compliance survey.It is found that there are some normative deficiencies in the platform service agreement and privacy policy,the explanation of personal information is not comprehensive enough,the protection of users' information rights and interests is not enough,and the platform has not effectively fulfilled its obligations for the protection of personal information security,There are many problems,such as the imbalance between the rights and interests of users and the platform,and based on this,some practical suggestions for protecting users' information rights are put forward.