| In the era of rapid development of Internet and its derivative industry,user's personal information is an important support for decision-making,which is of great significance to social development.Technological advances promote the development and use of personal information,but also expose personal information to great risks of being exposed and abused.How to strengthen the protection of personal information security is a real problem that needs to be solved urgently in social development and technological progress.In view of the increasingly serious problem of personal information disclosure and abuse,more than 100 countries have promulgated and implemented the personal information protection law to provide legal protection for personal information security.However,faced with the challenges which were brought about by the technology development,the current personal information protection of the Internet platform still has a lot of deficiencies,mainly reflected in the failure of the traditional "informed consent" framework.The first chapter of this paper first defines the scope of personal information.Personal information should belong to an independent personality right,which has thecharacteristics of personal interests and public interests,personality attributes and property attributes.The difference between personal information and personal privacy is that the extension and connotation of personal information should be broader than personal privacy.Therefore,we cannot simply use “privacy right” instead of “private information right”.Secondly,it elaborates the particularity of personal information in the context of the Internet platform,including the diversity of information content,the initiative of the platform,and the weak control of the user's own information,as well as the win-win possibility of individual interest and social benefits brought about by information sharing.The second chapter mainly analyzes the predicament of personal information protection for Internet platform users,which is mainly reflected in the limitations and problems of the "informed consent" approach.The author conducted a type analysis of the current mainstream Internet platforms from the methods of obtaining user consent,the contents of the platform privacy policy,the scope of information collection,and the sharing and transfer of information,resulting in an understanding of the current Internet platform.The problems and limitations of the “Agreeing” route include the ambiguous definition of personal information,the obscure platform privacy policy,the implied consent of most platforms,and the use of personal information sharing.The third chapter analyzes some experiences of Europe and the United States in the protection of personal information.On the one hand,a brief analysis of the European and American legislation on the protection of personal information,the EU adopted a unified legislative model,and the United States is the industry self-regulatory model.On the other hand,it focuses on the two regulations that are currently relatively comprehensive for the protection of personal information in Europe and the United States,namely,the "General Data Protection Regulations" and the "Consumer Privacy Rights Act(Draft)" specific provisions on "informed consent."Chapter 4 proposes improvements and improvements to the "informed consent" mechanism of the Internet platform.This part incorporates the specific issues of Chapter 2 and draws on the experience of Europe and the United States in Chapter 3,and concludes that the Internet platform should start with the following two aspects to improve and improve “informed consent”.First of all,we need to redefine personal identification standards to determine the scope of personal information.This is a prerequisite for improving the "informed consent" mechanism.Secondly,for the inadequacies of “informed consent”,we need to improve and improve the design of personal information protection and user's control over personal information. |
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