Legal Risk And Protection In The Collection And Use Stage Of Personal Information In Internet Insurance

With the formation of the unique "Internet Plus" model in the era of big data,the personal information of financial consumers is also going through an electronic revolution,and the electronic personal information is enhanced by the transmission of the "Internet highway" medium.It has a greater impact on the personal privacy of financial consumers.At the same time,personal information has certain economic benefits and value in the traditional financial industry,especially the insurance industry,that is,converting into “flow value”.The economic benefits of high-density traffic brought by the Internet have not only contributed to the traditional insurance companies,but also spawned many new online Internet insurance companies and businesses.Under the collision of data and legal norms,many new problems have arisen.The collection of personal information about users in Internet insurance activities has also undergone tremendous changes in all aspects,such as the continuous expansion of the scope of information collection,or the method of collecting from the "passive mode" to the "active mode",and the emergence of new network technologies for the user's collection methods are also diversified to challenge the data users control of personal data,Internet insurers are easy to occupy here dominant position.The data collection methods of major Internet insurers are ridiculous and continue to challenge the bottom line of data users' privacy of information privacy.However,from another perspective,excessive protection of users' personal information can also lead to a large number of Internet finance illegal acts and even crimes.Because of the asymmetric information acquisition,it is difficult for Internetinsurance companies to evaluate consumers.The underwriting capacity,even unable to know whether it is a malicious fraud,etc.,has increased the risk prevention and control costs of enterprises.This paper will explore the legal risks of the Internet insurance platform in collecting the use of user information and the specific solutions,starting from the business model of Internet insurance and the legal nature of personal information collection and use.Handle the balance of interests between the protection and fair use of personal information.It will be divided into the following four parts:The first part mainly summarizes the current situation of collecting and using personal information in China's Internet insurance industry.It defines the key concepts of Internet insurance,collecting personal information and using personal information from the legal level,and expounds the speciality and protection of personal information of Internet insurance,and combed the current status of China's laws and regulations,the status quo of judicial practice and the privacy policy of China's licensed Internet insurance platform,and proposed the current types of legal risks,for the purpose of collecting legal risks when using personal information.The problem lays the foundation.The second part mainly discusses the illegal over-authorization phenomenon that occurs when the Internet insurance platform collects personal information.The legal risks that the authors have when collecting personal information from the Internet insurance platform are the current status of laws and regulations in China and the countries outside the country.Legal experience is the main line to demonstrate and explore the real legal dilemma in the stage of collecting personal information on the Internet insurance platform.The third part mainly discusses the abuse and leakage of information when the Internet insurance platform uses personal information.The author discusses the abuse and leakage when using the personal information from the Internet insurance platform,and then compares the current situation in China.The status quo of relevant legal systems and extraterritorial experience are used for reference in China,and how to solve the problem of abuse and leakage of personal information of Internet insurance consumers.The fourth part is mainly for the Internet insurance platform to collect and use personal information to construct a complete risk prevention system at the legal level.The author will separately create the rights of personal information rights,improvethe legislative level,and build the system at the regulatory level.The analysis of the effective itinerary of the industry's internal self-regulatory mechanism,combined with the excellent rule of law experience outside the domain and provides some ideas and suggestions for rebuilding the current personal information legislation system in China's Internet insurance field.