Research On The Personal Information Protection Obligations Of Third-party Platforms In The Sharing Economy

With the advent of the era of big data and the rapid development of the sharing economy,the protection of personal information has become more and more serious and important.Among the multi-party obligation subjects,the third-party platform,as a de-intermediary and then intermediary subject,plays a very important role in the protection of personal information.The personal information protection obligation of third-party platform under the sharing economy exists many shortcomings in reality,Alipay annual billing case and "rookie" "Shunfeng" port sharing dispute is a typical example,from these two typical cases it is not difficult to see the current third-party platform information protection obligations in China's shared economy,including the following three points,respectively: the consumer's right to know,the invasion of the privacy of citizens and the weakening of the ability of individual users to negotiate.China's information protection obligations on third-party platforms under the sharing economy can be summarized as following points: from the legislative overview is not difficult to spy on,the current normative system is flawed.The legality of the personal information protection obligation solely discusses the legality of the third-party platform under the sharing economy,and discusses the information protection obligation solely undertaken by the third-party platform as the user of personal information collection,the information protection obligation of the third-party platform as the subject of civil and commercial affairs by signing service agreements with the parties to the transaction,and the regulatory personal information protection obligation of the third-party platform as the operator of the platform based on its public nature.On the basis of the legality argument,the following core points are put forward: In addition to the third-party platform has the obligation of information protection in its direct civil and commercial relations with the user,should the third-party platform also have corresponding obligations for the collection,use,storage and processing of the user's personal information by the platform merchant? The main content of the obligation to protect personal information of third-party platforms under the sharing economy should include the contents of two dimensions.On the one hand,the obligation of third-party platform information protection in the relationship between equal civil and commercial affairs,specifically includes the obligation to obtain consent in the information collection stage,the obligation to keep the information storage stage,the obligation to inform and supervise the information-providing stage,the obligation of timely remedy of infringement at any stage,and on the other hand,the obligation of information protection of third-party platform under the kind of regulatory governance relationship,including the obligation of prior supervision,the obligation to deal with the matter and the obligation of ex post facto relief.The third-party platform is based on the identity of these two legal relations and legal status,thus shouldering different types of obligations in the protection of personal information.In view of the current status of the information protection obligations of third-party platforms in my country's sharing economy,suggestions for reconstruction and improvement from the perspective of the system include: First,change the legislative concept and improve the legal regulations system.First,there should be a change in legislative ideas and strategies.Second,the focus of existing laws and regulations should be followed up and improved.Third,the legal regulation system should be improved from multiple levels of law and administrative regulations and local regulations.Norms on obligations,while urging the development of special legislation.Second,establish and improve civil accountability and accountability systems for user service agreements and transaction service rules.Third,determine the personal information protection principles of third-party platforms.The details include the principle of due process,principle of proportionality,principle of benefit measurement,and principle of classification.Fourth,establish a multi-agent collaborative supervision mechanism.One is to supervise through the establishment of a special platform regulatory agency.The second is to strengthen industry self-discipline and build an internal incentive and punishment mechanism.The third is to build a civil rights protection and supervision mechanism.