The Legal Analysis On Protection For Personal Information Of Minors Under The Condition Of Big Data

If the minor is strong,the country is strong.Big data facilitates the sharing of digital benefits by minors.It is precisely that big data is increasingly integrated into the lives and learning of minors,and the phenomenon that minors 'personal information is leaked or even illegally used is unprecedented.While the minors are sharing the benefits of big data,it is precisely the big data that dissolves and abolishes its personal information protection mechanism,which violates the original intention of maximizing the interests of minors.In this regard,we should make full use of the potential of big data,and use "law + technology" to promote the innovation of the legal system for the protection of minors' personal information.As one of the leaders in the global digital economy,the "digital survival" of minors in China is becoming more and more common.There are as many as 53 laws,regulations and judicial interpretations related to the protection of minors.The existing fragmented legislation is difficult to meet the legal requirements for the protection of minors' personal information.In order to make minors welcome the "digital survival" more calmly,the key to legal innovation of minors' personal information protection lies in: one center and three basic points.This center is to strengthen special legislation for the protection of minors' personal information.As a solution,the first is the third revision of the “Law on the Protection of Minors” submitted to the Standing Committee of the National People 's Congress in October 2019,which includes a special chapter on minors 'network protection.The second is to set special regulations for the protection of minors 'personal information when enacting the“ Personal Information Protection Law ”in the future.As for the three basic points,it focuses on the innovation of personal information recognition mechanism,guardian consent mechanism and industry supervision.First,whether the standard for identifying personal information is reasonable is the premise for the protection of personal information of minors.If you do not innovate the identification standards for minors 'personal information,you will stand still,and minors will not only get the protection they deserve,they may even become victims of interests.In response to new technologies,new formats,and new applications,the establishment of information providers 'burden ofproof of the identifiability of minors' personal information,and the establishment of a recognition mechanism for the strict protection of children 's personal information,to protect this special vulnerable group more effectively.Second,we should follow the trend,change the paradigm,introduce age-appropriate design guidelines,establish the concept of protecting personal information through design,and build a guardian consent mechanism that meets the needs of big data."Law + technology" is a two-pronged approach that suits local conditions and scenarios.Third,the information provider is a key role in the protection of minors 'personal information.Without the self-discipline of the information industry,there will be no maximization of the interests of minors,and even a digital power will not be able to talk about it.Promote industry self-discipline,promote industry self-discipline and government supervision coordination,in order to internalize the protection of minors 'personal information in daily operations and management,internalize product design concepts and the entire process of design,and promote the protection of minors' personal information.