Research On Civil Law Protection Of Personal Information Security Rights On E-commerce APPs

Since the combination of the Internet and commerce,with the rapid development of Internet technology and the rapid spread of smartphones and tablet computers,all the e-commerce businesses developed their own applications so that provide customers with flexible and convenient methods of shopping.As a result,the amount of e-commerce users grew explosively in recent years.At the same time,because of the huge commercial value of users' personal information,there were several of accidents that the users' personal information was leaked,users received SMS fraud and trojans links of harassment.The citizens' personal safety and property safety may be violated at any time,so that current mobile e-commerce system that cannot guarantee the security of personal information has become an huge obstacle to the healthy development of national economy.Therefore,focusing on standardizing the use of personal information in e-commerce Apps,and balancing the protection of personal rights and the rational use of information from the legal perspective,especially guaranteeing the right to personal information security in e-commerce APPs,have become a core issue in the protection of personal information rights.According to the experience of China's legislative practice,the legal protection of the personal information security right of e-commerce Apps is in the condition of “criminal law first”,while the civil law that emphasizes protecting the individual rights only provides principled and fragmented protection,and the methods of relieving civil rights cannot function.The core reason is that the traditional civil law neglected the property attribute of personal information.Traditional civil law only protects e-commerce APP personal information and its personality attributes under personality right theory.However,with the commercial value of personal information was found by e-commerce businesses,the property attributes of personal information has showed up.And personal information security rights focusing on protecting person from property security injured while his personal information is collected,used and processed becomes the core right of e-commerce APPs users' personal information rights.Although the contracts law theory and torts law theory can provide indirect protection for e-commerce APP users' personal information security rights,users are actually cannot freely choose whether to agree with e-commerce APPs about the collection and use of their personal information under the principle of autonomy of the will in the contract law,due to the financial and technical inequality between users and APP businesses.And when their personal information security rights are violated,it is difficult for them to seek rights relief because of the high cost of proof.Consequently,breaking the barriers of traditional civil law theory,highlighting the civil law protection of the e-commerce APP personal information,combining the characteristic of conduct violating e-commerce APP personal information security rights,and building the special protection system under the torts law is the effective means of protection of e-commerce APP personal information.Focusing on balancing advanced information technology development and the protection of the rights,the legislation practice of the European Union and the United States has important reference value,so this article uses the methods of comparative research and case analysis to compare and analyze the related legal system and practice cases of e-commece APP personal information security rights protection between our country,the European Union and the United States.Based on the particularity and urgency of rights protection in the field of e-commerce,this article clarifies the connotation and extension of personal information of e-commerce apps,as well as the concept,right attributes and contents of personal information security right of e-commerce,and the civil law protection of personal information security right of e-commerce apps and other basic issues.Through the research on,comparing and analyzing the legal protection mode of e-commerce APP personal information security rights of our country,the European Union and the United States,this article thoroughly analyzes the main problems of our country's civil law protection of e-commerce APP personal information security,and introspect the unproduction of the civil law protection system under the information age.Based on the concept of civil law,the civil law protection of personal information security right of e-commerce APP is put into the most important legislative option,which is an important part of the personal information protection law,in order to achieve the effective protection of individual rights in the era of digital economy and promote the development of digital economy in a broader future.This article clarifies the rights spectrum of e-commerce APP personal information security rights,the content of attributes and contents,on the basis of current e-commerce APP personal information security rights protection law and practice in European Union and the United States,and Chinese e-commerce APPs personal information security rights civil law and judicial practice,and then through comparing the related law systems and practice between our country and abroad countries,extracting the advanced systems and the defects and advantages of Chinese civil law protection of e-commerce APP personal information security rights.In addition,combining the specific situation of the personal information protection legislation in our country,this article proposes suggestions on the construction of civil law protection system of personal information security right of e-commerce apps in China,in order to provide assistance for the formulation of personal information protection law in China.