Research On Legal Issues Of Consumers' Personal Sensitive Information Protection

Consumer personal sensitive information is an important part of consumer personal information,which refers to personal information that once leaked or misused can easily endanger the personal and property safety of the consumer or cause damage to the personal dignity of the consumer and discriminatory treatment.As the main body of information,consumers enjoy the rights of informed consent,fair trading,deletion and compensation for their sensitive information.Nowadays,the leakage and misuse of personal sensitive information of consumers have become the beginning of the market economy.Especially in the "Internet +" economic model,consumers' personal sensitive information carries higher economic value,and the infringements suffered are characterized by frequentness and concealment,which seriously damages the legitimate rights and interests of consumers.By sorting out the protection of consumer personal sensitive information in China,it is found that the current legislation lacks a clear definition of consumer personal sensitive information,the current regulations are low-level and the content is not uniform.Then,we conducted an empirical investigation on the judicial relief of consumer personal sensitive information protection in China.Combining the number of cases,type distribution,relief process and relief results,it is concluded that the current number of consumer personal sensitive information protection cases in China is relatively low,and the field of occurrence It is relatively concentrated,with a low winning rate and a high appeal rate.The judicial relief of consumer personal sensitive information is characterized by a large scale of infringement,unsuccessful litigation,and insufficient motivation for litigation.There are many obstacles to the way of judicial relief.After studying typical cases,it is concluded that there are dilemmas in the distribution of the burden of proof of the parties,the lack of rationality of the responsibility for the judgment,and the overlapping of consumer sensitive information and the judicial protection of privacy protection.In addition,in order to better protect the personal sensitive information of consumers in China,it is necessary to investigate similar systems outside the region and learn from each other's strengths.After summarizing the concept definition and specific provisions of European and American consumer personal sensitive information,it is concluded three revelations:the choice of legislative model needs to be combined with reality,establish legislative principles centered on the protection ofprivate rights and implement cross-border circulation protection of consumer personal sensitive data.Based on this,to improve the protection of personal sensitive information of consumers in China,first of all,under the unified legislative model,through the classification of personal information,the use of legal enumeration and definition mode,the definition and type of personal sensitive information,and the distinction of personal sensitive information Make clear provisions on personal sensitive information with personal privacy.Secondly,the "Consumer Rights Protection Law" is refined and supplemented by strengthening the principle of informed consent,implementing the inversion of the burden of proof,standardizing the determination of mental damage compensation,and attaching importance to the protection of consumers' personal sensitive information.Finally,on the one hand,the jurisdiction of consumers 'personal sensitive information protection cases is determined through negotiation;on the other hand,the necessary judicial assistance is provided to deepen international cooperation on consumer 's personal sensitive information protection and promote the protection of consumers' personal sensitive information worldwide.