Online Personal Information Protection For Minors

Minors online in recent years by repeated infringement of personal information,the legitimate rights and interests to be challenged,at present there are many abuse of minors online personal information behavior and case,civil law through the privacy right and personality right on indirect of personal information protection of minors,but have not meet the needs of the present situation,under the weight of the dual problems we face at home and abroad,related to the construction of minors online personal information protection system of our country need to be on the agenda as soon as possible and built,which is not only for the perfection of law,and to solve some problems that exist in the judicial practice.First,start with the concept of personal information.Holding personal information has the characteristics of identifiability,timeliness and sharing.To further understand the concept of minors online personal information and the related content,through the analysis of minors online personal information under the network environment spread fast,memory is difficult to eliminate the Internet,has the dual nature of personality and property characteristics to minors online the urgency and necessity of personal information protection.Second of all,the current situation of minors online personal information protection in China,involving the relevant laws and regulations and local regulations,found that the content of the existing relevant laws and regulations in China need to improve,through the relevant judicial case analysis,found that minors online personal information there is a cause of action in our country needs to change,difficulty of proof,sentencing is low,the low compensation,the lack of judicial rights of way and no guiding case reference problems and difficulties,the need to solve in our country.Thirdly,overseas online personal information protection for minors is divided into unified legislative mode,decentralized legislative mode and comprehensive legislative mode,and the advantages and disadvantages of each mode are analyzed to select the relevant legislative mode more suitable for China.We will learn from the industry self-discipline in the United States,the restrictions on media in the United Kingdom,and the protection system set up by special agencies in Germany,and learn from overseas experience to better protect the online personal information of minors in China.Fourth,in view of the current situation of online personal information protection of minors in China and combined with the practical situation,put forward targeted Suggestions.In the face of the current situation of legislation,China should choose the unified legislative model,which is suitable for the national conditions of China.In the civil law,relevant contents should be further supplemented,the dual protection principle of online personal information and privacy of minors should be established,and the collection and utilization of online personal information of minors should be strictly restricted.Establish the online personal information of minors to be forgotten,the information will be deleted to minimize the impact.Establish a consent system for specific information guardians,which must be obtained before collecting specific online personal information of minors.In the civil lawsuit,the burden of proof should be reversed,the amount of compensation for mental damage should be increased,the civil liability should be specified,and the right to inquire and know online personal information of minors should be further specified.In the face of the current situation of practice,China should learn to draw on the experience outside the region and give play to the advantages of industrial autonomy.At the present stage,China's industry autonomy has no unified industry autonomy standards as a restriction standard,whether the government or the outside of the relevant industries lack of autonomy consciousness,so each industry should formulate their own industry autonomy standards,as far as possible to maximize the use of the advantages of industry autonomy.It is suggested that China should establish a special supervision institution whose function is to supervise and manage online personal information security of minors.