E-commerce Operators' Obligation To Personal Information Protection

With the rapid development of big data era and the booming of e-commerce,it has provided a new mode and brought new convenience to people's clothing,food,housing and transportation in all aspects,at the same time,it is also accompanied by new hidden dangers and troubles.Personal information,as a new type of civil rights and interests with recognizability,once leaked or violated,will affect personal life and privacy,and cause people's sense of instability.At present,the improper diffusion and utilization of personal information has gradually developed into a social problem.In order to adapt to the development of the times and respond to the urgent social needs,Article 111 of the general principles of civil law stipulates that the personal information of natural persons shall be protected by law.E-commerce law,network security law and other normative legal documents also have macro provisions to protect personal information.However,there is no clear legal explanation on how to protect and fulfill the obligation of personal information protection.At the same time,there has been a call for special legislation on personal information protection in the academic circle.However,under the background of basically complete legal system in our country,it is the necessary prerequisite and necessary condition to solve the problem of personal information protection to explain the relevant obligations of e-commerce operators clearly and normatively with the existing legal texts as the carrier.As the main body of collecting,using and managing consumers' personal information,e-commerce operators analyze their obligations in the legal hermeneutic sense,and build a standardized obligation system based on it,which can help the main body of responsibility to more clearly practice their obligations,more targeted to protect their legitimate rights and interests,and ensure the steady development of e-commerce industry.The obligation of personal information protection of e-commerce operators can be divided into two levels: first,as operators of network electronic transactions,according to service agreements and agreements,they form equal civil legal relations with consumers,collect and use personal information of users,and perform corresponding protection obligations;second,as providers of network services,they operate various types of users And transaction information,etc.to form a maintenance and management relationship with consumer users.Corresponding to differentrelationships,the obligations of e-commerce operators are also different.The attribute of "equality" determines that e-commerce operators should perform their obligations in accordance with the requirements of service agreement,and clarify the principle of notification and consent,the collection principle of "reasonable,relevant and necessary",etc.;the attribute of "management" requires them to play a regulatory role,clarify the principles of review,handling and relief,and undertake the subjective obligations.At the same time,the static obligation system should be combined with the dynamic case practice,and be verified and analyzed through the case and big data practice to ensure the feasibility and practicability.