Research On The Legal Protection Of Internet Consumers' Personal Information

In the era of big data,the value of personal information of online consumers has become increasingly prominent.How to find the best balance between the protection of personal information and the healthy development of online transactions is a difficult problem we are facing.For Internet consumers,the rapid development of Internet technology is undoubtedly a double-edged sword.On the one hand,its convenience can enable online consumers to buy their favorite goods or accept the services they want whenever and wherever they want;on the other hand,its virtual nature also leads to illegal infringement on the rights and interests of online consumers.then most of the complaints have no way,and end up with their own "bad luck to admit defeat".At present,our country has not formulated a special law to protect the personal information of online consumers,and the mutual prevarication between administrative departments makes most of the online consumers have no way to complain about the tort.Such a cycle eventually leads to repeated violations of the personal information of online consumers,or even more and more serious.On the basis of the current legislative situation and judicial procedure in our country,this paper makes a detailed analysis of the problems existing in the legal protection of personal information of online consumers,and puts forward some suggestions for improvement.This paper mainly includes the following four core parts:The first part specifically expounds the basic connotation of the legal protection of network consumers' personal information,including the concept and characteristics of network consumers' personal information.it also briefly describes the controversial theories about the legal attributes of the personal information of online consumers at the present stage and the necessity of protecting the personal information of online consumers.The second part mainly includes two dimensions: one is to explain the current situation of the legal protection of personal information of online consumers in China from two aspects of legislation and judicial practice,especially through the carding of the law and the analysis of relevant cases.The second is to clarify what kind of problems exist in the process of legal protection of network consumers' personal information in our country,including the unclear concept boundary of network consumers' personal information and the fragmentation of relevant laws and regulations.it often leads to the phenomenon of different sentences in the same case in judicial practice;the lack of unified regulatory agencies and so on.The third part mainly introduces the experience of foreign countries on the legal protection of network consumers' personal information and the reference to our country,including the relevant protection experience of the United States,Germany and Japan,especially the experience of various countries in the legislative mode.draw lessons from the experience that is not only in line with China's national conditions but also adapt to the direction of legal development of our country at the present stage,and urge the legal protection of network consumers' personal information to climb another tall building.On the basis of summarizing the first three parts,the fourth part puts forward some suggestions on how to improve the legal protection of personal information of online consumers in our country,and on the basis of defining the conceptual boundary of personal information of online consumers,speed up the relevant legislative process,and set up a reasonable user consent mechanism.At the same time,it makes clear provisions on the distribution of the burden of proof,the determination of jurisdiction and the standard of damage amount to ensure that network consumers can reasonably and legally protect their legitimate rights and interests.