Research On The Legal System Of Personal Information Utilization

In the information age,all aspects of people's production and life are undergoing profound changes with the extensive use of information technology.The personal information that people leave in all walks of life and in the state power almost covers the whole process of a person from birth to death.With the help of information technology,this information can be used more easily.Although the legitimate use of these personal information brings convenience to our life and improves the quality of life,the lack of a perfect regulation mechanism for the use of personal information also makes the illegal use of violations of people's rights and interests occur frequently.Europe and the United States have long been aware of the problems,followed by an early layout,and in accordance with the requirements of the times,to improve their legal system.Although there are provisions regulating the use of personal information in normative documents such as criminal law,civil law and administrative law,such decentralized legislation has not been well designed in advance,resulting in a gap of dependence between laws and regulations regulating the use of personal information.Based on the advantages of the EU and us personal information utilization system,this paper takes the essence of the EU and the United States to remove the dross,and puts forward suggestions for improving the existing legal system of personal information utilization in China.In addition,in the current legal system of our country,there are provisions concerning the use of personal information,and there is a problem of vague working interface between legitimate and illegal acts.In this paper,the vague provisions will be changed into explicit provisions,which will help to form a unified criterion and help the development of information economy.Because of the frequent infringement of the interests of the information subject caused by the information asymmetry between product or service providers and the information subject,such as the first case of Cookie in China,it has aroused the public's strong concern about the collection and utilization of personal information.At the legal level,this paper proposes to increase the right of information self-determination similar to that of Germany,giving information subjects the right to decide who and how to use their own information.In addition,at the level of information subject,this paper puts forward measures to cultivate the confidentiality habits of information subject,strengthen its knowledge reserve,and improve its legal awareness to reduce the infringement on the interests of information subject caused by information asymmetry.Personal information use behavior is dynamic,and the criteria are static.At this time,we need a set of mechanisms to monitor the use of behavior.When it is found that the use behavior deviates from the legal track,the mechanism is used to regulate the use behavior.This paper proposes the establishment of special regulatory bodies and measures to change the way of supervision to improve the existing regulatory mechanism.In order to effectively regulate the use of personal information,in addition to perfecting laws,regulations and regulatory mechanisms,we should also supplement and implement the internal prevention and control management system of various organizations that have grasped the personal information of citizens,because this is one of the sources of the black industrial chain in which the illegal use of personal information occurs.Only through rectification and governance from beginning to end can the illegal use of personal information be reduced and eliminated.This paper puts forward its own solutions from four perspectives.One is to improve the management system of personal information utilization;the other is to clarify the scope of authority in the management system of personal information utilization;the third is to strengthen internal supervision;and the fourth is to strengthen the awareness of internal employees' personal information utilization behavior compliance.In our current Tort Liability Law,who advocates and who evidences the distribution of burden of proof in general torts.However,in the information age,the privacy and professionalism of the collection and utilization of personal information are strong.In this case,the infringed is more vulnerable than the product or service providers,which leads to the infringed because of the difficulty of proof,resulting in the low success rate of safeguarding rights.Therefore,this paper puts forward its own views on the improvement of the allocation mechanism of burden of proof.In addition,in the information age,the infringed persons involved in the infringement of personal information use often present a large number of characteristics,and the geographical distribution is wider.Because of the characteristics of torts in the information society and the defects of the present system of litigation representatives,many plaintiffs often choose to defend their rights or give up defending their legitimate rights and interests in the face of group lawsuits involving only the same defendant.This not only increases the cost of safeguarding rights,but also makes judicial remedies empty talk.Therefore,this paper puts forward the suggestion of introducing group action mechanism.