Legal Protection Of Personal Information Right Of Children

With the invention of the Internet in the 1980 s,human society has entered the era of information.As a result,information has become a very important resource,amongst which personal information becomes the most important to multiple agencies and most valuable to people.Personal information has been continuously generated since the birth of people,but its value is not as obvious as that in adulthood than in infancy.However,in the context of the information age,a tendency of low age increases in children’s use of smart devices and smart services,meaning the leak of personal information will be more earlier than before.Nevertheless,children as a group that lacks self-protection consciousness compared with adults,are more likely to surfer illegal violations,therefore need more special protection from the law.Faced with continuously emerging cases of violations of children’s personal information in society,it has become a unavoidable and important issue for China’s personal information protection system.Since the 21 st century,China has introduced multiple laws on the protection of personal information in various fields,but lacks special protection for children’s personal information.To respond this problem,China issued the "Provisions on the Cyber Protection of Children’s Personal Information" in 2019,hoping to provide more comprehensive protection for children’s personal information.The Provision set the scope of children in need of special protection and the principles for collecting,using,and storing children’s personal information.As a law in an emerging field,"Provisions on the Cyber Protection of Children’s Personal Information" refers to advanced experience of foreign mean stream such as GDPR,COPPA,etc.during legislative stage,filing up a vacuum in the protection of children’s personal information in China’s personal information protection system.However shortcomings still exists in China’s protection of children’s personal information.The provisions on the protection of children’s personal information are basically abstract principles and can produce limited results in practical field.For instance,the Provision cannot give satisfying answers on the core subject children,the scope of the obligatory subject,and how children and their guardians can self-relief and ect.Furthermore,under the existing regulatory system,limits exists in guardian informed consent system,which is the core of the collection,use,storage,and transmission of children’s personal information.The existing children’s personal information protection mainly relies on administrative and criminal remedies,and civil remedies lack clearer regulations.In the field of children’s personal information protection,the legislative level is low,and there is a lack of effective regulatory agencies;supporting measures such as industry standards and industry organizations,regulatory agencies,and education systems need to be supplemented and strengthened.This article attempts to make response based on the existing regulations on the protection of children’s personal information and the provisions of the Provisions on the Protection of Children’s Online Personal Information,combined with academic research on personal information and the legislative experience of extraterritorial personal information,in the protection of existing children’s personal information based on the analysis of the system’s deficiencies and deficiencies,and proposed ideas for the future protection of children’s personal information and the construction of a personal information protection system: on the basis of the introduction of more detailed personal information legislation,an independent Regulators and industry self-regulatory organizations have further developed service contract standards on top of existing industry standards to provide more complete protection for children’s personal information.