On Civil Protection Of Personal Information In Commercial Use

The first part is the introduction,which discusses the research background and significance of the civil protection of personal information in commercial use,the research status at home and abroad,the research measures and the novelty of this paper.Second,the overview of personal information business use,mainly clarify the concept,show the characteristics,describe the specific performance.Lay the foundation for the whole article.Third,the practical reasons of the civil protection of personal information in commercial use are analyzed.The situation of infringing the rights and interests of information subjects is common;in legislation,the licensing rules are not clear,the scope of application of anonymous technology is too narrow,the legal exemption is unreasonable,and the protection of the right to know is insufficient.In the judicial field,there are disputes on the performance standard of prompt obligation in user agreement.It is difficult for the information subject to complete the burden of proof,the legal basis is not unified,and the remedy is insufficient.Fourth,the theoretical basis of the civil protection of personal information in commercial use,Nash equilibrium theory,good faith and public order and good custom principles provide the necessary support for the civil protection of personal information in commercial use.Fifth,the improvement of the civil protection of personal information in commercial use is proposed.The author thinks that we should take the principle of distinction as the guiding principle,establish three kinds of rules:permission rules,legal permission rules and special protection of vulnerable personal information;improve the rights of personal information and the obligations of commercial subjects;advocate the use of the inverted burden of proof to protect the"information subject"^?1?.Sixth,in the summary part of this paper,the author summarizes the discussion and puts forward the existing problems.