Research On The Legal Protection Of Minors Personal Information

Special protection of minors' personal information is necessary.The era of big data presents new challenges for the protection of minors.Depending on the information processing ability of big data,minors' personal information may be over-commercialized.The autonomy of the minor subject is not sound,and the social protection act stipulated in the law on the protection of minors may reveal the information of the minor,which makes the information of the minor subject easier to be recognized.The personal information of minors is special and the current society lacks respect for the dignity of minors.The current legislation on the personal information of minors is scattered among various department laws and the regulations are not detailed.To define the scope of protection of minors' personal information,we should start from three levels: protection demand,rationality,and legitimacy of social protection.Based on the particularity of minors' personal information,direct identifiable information,indirect identifiable information,sensitive information and general information should be included in the protection scope of minors' personal information.Industry autonomy needs to be guided by the design of the system.The lack of remedy mechanism and punishment mechanism will reduce the operability of the law.The information collector's obligation to inform and remedy should be strengthened.From the perspective of comparative law,the paternal-consent system in the children's online privacy protection act of the United States and the child-friendly principle in the general data protection regulation of the European Union provide references for the improvement of future legislation.In the future,when special legislation is made on the personal information of minors,special protection provisions should be added for minors to balance the huge gap between minors and enterprises.Before information collection,the compulsory obligation of information collector should be added.In the process of information collection,the guardian isgiven the right to withdraw at will,and the guardian does not need to explain the reason and compensate the information collector for the loss of trust interest.At the stage of litigation relief,the principle of presumption of fault should be applied in cases of infringement of minors' personal information,and the standard of proof should be highly probable.In the future,the legal protection system of minors' personal information will be constructed.In the aspect of private interest litigation,the subrogation litigation system of minors' personal information will be established to prevent the loss of guardians.At the level of public interest litigation,we will explore the establishment of a litigation mechanism involving procuratorial organs,professional social organizations and network operators.Punitive damages should be divided into property damages,spiritual damages and public interest litigation damages with no maximum limit.