Research On The Legal Regulation Of The Infringement Of Personal Information By The Network Service Provider

In today's society,people enjoy the convenience brought by the network information society,but also because of the network service provider's excessive collection of personal information,improper use,processing and inadequate protection of their own rights and interests have been infringed.At present,the infringement of personal information by Internet service providers brings new challenges to the protection of personal information in our country,and the protection of personal information in our law is about to enter a new stage.Since under the background of big data and the credit system construction today,the current situation that personal information is collected and used by Internet service providers can not be avoided,we need to pay attention to how personal information is collected by Internet service providers and how to regulate their use of personal information.This article tries to give the definition of "personal information infringement" from a new angle by analyzing various current mainstream theories,combining hot events and specific cases,focus on the analysis of the specific appearance of the problem of personal information infringement by Internet service providers and the solution.Be Aware that the collection and use of personal information by Internet service providers may pose a risk to privacy to a certain extent.Therefore,the collection and utilization of personal information should be distinguished by the specific scene and medium,and the information collector can not surpass the used scene and medium in the future information utilization.In view of the spirit embodied in the draft law on the protection of personal information,starting from the main body of personal information collection —— Internet service provider,this paper focuses on the collection and use of personal information by Internet service providers for different purposes.It is clear that the ways that Internet service providers violate personal information are overcollecting,stealing,selling and divulging personal information.Combined with foreign developed countries and regions of the status quo and governance experience,targeted to put forward proposals in China.Although Internet service providers infringe personal information in different ways,but in essence,it is the Internet service providers in the interests of malicious infringement.Therefore,how to regulate the normal competitive behavior of network service providers is the main problem to be solved.In this regard,the author from a clear legal responsibility,supervision mechanism and the way to protect rights to discuss some suggestions.This paper tries to solve the problem of the violation of personal information by Internet service providers from various aspects and levels.A systematic and targeted study is of great benefit to the establishment and perfection of the system of collecting and using personal information of Internet service providers in China.In the light of the provisions of the latest draft law,a balance should be found between the collection and use of personal information by Internet service providers and the security and protection of personal information.