The Protection Of Personal Information In The Electronic Commerce

In e-commerce transactions,consumers have the right to personal information,which is special in the field of e-commerce: in e-commerce transactions under the background of big data,consumers' personal information has become the basic resources for the development of the industry,will be collected by operators in a large range,and can represent the personality of consumers by means of user portraits.This leads to the challenge of protecting consumers' personal information right throughout the whole process of personal information collection and utilization.In order to protect this right,we need to make clear its defination.The personal information of e-commerce consumers refers to all kinds of information recorded by electronic means that can identify the identity of e-commerce consumers individually or in combination with other information,mainly including basic e-commerce transaction information such as mobile phone number,real name,ID card number,gender,etc.;e-commerce transaction service information such as consumption habits,receiving address,bank card number,fingerprint,etc.;photos Information,voice information,address book information,content information and other implicit information of e-commerce transactions.The right of personal information of e-commerce consumers is not a civil right,but a civil right that can independently control and control their personal information and exclude others' infringement.In nature,although personal information right contains property interests,it belongs to personality right.According to the sensitivity of personal information,it can be divided into sensitive personal information and general personal information.As an independent personality right,the right content of personal information right takes the right of information self-determination as the core,including the right to know,the right to access,the right to correct and the right to delete.From the perspective of comparative law,the EU adopts a unified legislative model to protect the personal information rights of e-commerce consumers,emphasizing the protection of the personal dignity of e-commerce traders;the United States protects the personal information rights in e-commerce transactions through decentralized legislation and industry self-discipline.For China,the e-commerce law in 2019 officially came into effect,which clearly stipulates the obligations of e-commerce operators when collecting personal information of consumers.In order to further strengthen the protection of personal information rights in e-commerce transactions,it is necessary to continue to refine the provisions of the e-commerce law,and classify and protect personal information according to the sensitivity;for different purposes In order to ensure the transparency of personal information use,e-commerce operators should be required to perform the obligation of disclosure,and also should be required not to carry out technical recovery after anonymous processing of personal information;while in case of infringement of personal information rights,e-commerce operators should When the civil liability is assumed according to the presumption of fault,and the supplementary liability is assumed when the third party infringes.