| With the rapid development of network technology and the gradual improvement of the Internet,the era of big data has been further promoted,and the public has gradually become interested in the emerging field of data mining and processing.Scholars are beginning to try to understand people's needs from a data perspective,while using data to predict new opportunities and develop new markets to increase social benefits and generate greater profits.Today,thanks to big data,medical care,public transportation and many other areas have enjoyed convenience.In these areas,e-commerce is one of the most important areas,and big data is the core driver.Among them,e-commerce is mainly online shopping.However,due to the frequent leakage of personal information during the online shopping process,the e-commerce platform has an unshakable responsibility.Once the user has used the network platform,the user's characteristics will be exposed to the merchants on the network platform.The merchants can use this information to adjust their products to further meet the needs of consumers,thereby obtaining greater commercial benefits.Usually when a user first uses a shopping website,a window pops up asking the user to agree to use the cookie,so that when the user uses the website in the future,the website can automatically search for the previous cached data through the browser,and analyze the previous browsing of the network user.The history thus accurately identifies the user.The Internet platform analyzes this information data and then continuously pushes advertisements related to consumer demand for consumers.Although this is a means of accurate marketing for merchants,more is manifested in the misleading consumers by pushing false advertising information between merchants.Consumers often receive various types of telemarketing and false winning information.The origin of these spam calls and text messages is due to the leakage of personal information.In the past,information theft occurred in the real world,but in the process of online shopping,a large amount of personal information was stored in the Internet.It is easier and harder for information stealers to steal information from the Internet than from the real world.The protection of consumer privacy has become one of the urgent problems that need to be solved.China's protection of consumer privacy is concentrated in the protection of legislation.Consumer protection is covered in the Laws on Consumer Protection Law,E-commerce Law,General Principles of Civil Law and Tort Liability Law.However,at present,there is no special information protection law in China.Therefore,most of the practical applications are related to the protection of privacy.These regulations are mostly principled,and it is difficult to apply in practice.Based on this,judicial precedents are often used.Will not be consistent.Developed countries such as the European Union and the United States have always attached great importance to the privacy protection of online users.On May 25,2018,the European Union promulgated the General Data Protection Regulations,which provided new directions and ideas for network data protection.Unlike countries such as the United States or Canada,in countries such as the United States or Canada,the law is initially set up to treat personal data generally considered legal unless explicitly prohibited;in Europe,unless legally permitted,otherwise Personal data is prohibited.In addition,the European data protection laws are “integrated”,that is to say,with a few exceptions,such as “personal data processing related law enforcement” and “pure personal or family activities,” which cover private and public entities,individuals And the company,all types of data,covering all areas.Essentially,if any data related to natural persons is collected,used,or shared,then the data will be regulated.In the context of Europe,reference is made to data protection laws rather than privacy laws.In fact,the term “privacy” is not mentioned at all in EU laws and regulations.Data protection and privacy are related,but they are different concepts.Although there is no concept of privacy protection in EU law,personal data is defined in detail in its law: “is all information that has been identified or identifiable by natural persons('data subject'),especially through Names,address data,identification numbers,online logos,etc.are recognized by the physical,hereditary,physiological,spiritual,cultural,economic,or social identity held by natural persons.This definition defines privacy in the traditional sense.It is also included,so even if the EU does not separately introduce a privacy protection law,the Data Protection Act can also protect citizens' privacy rights.It is worth noting that the General Data Protection Regulations introduced this time have expanded geographical jurisdiction.To put it simply,if the compliance requirements of the Regulations are strictly enforced,the jurisdiction of the Ordinance will no longer be restricted to EU members but will extend jurisdiction.If there is data contact with EU members,it will be regulated by this regulation.This is almost globally constrained.This kind of regulation is very advanced,because the Internet is not a small section based on the geographical division of the country,but a network of global interconnections.The cross-border transactions will depend on the network to complete,so the geographical scope of the regulations can be expanded.More comprehensive and adequate protection of information in data exchange.The data protection law promulgated by the European Union also clearly stipulates the rights of data subjects.From the content of the articles,this legislation is more conducive to the protection of data subjects.Here,the “right to delete” of data subjects is emphasized.Even if the user has ever agreed to disclose the use of personal information,the user can still withdraw the "consent" and request to delete the relevant information.The "right to delete" in China's "E-commerce Law" is also consistent with the EU's regulations,which is also in China's legislation.A big step forward.After the implementation of the new data protection law in the European Union,the United States also promulgated the "2018 California Consumer Privacy Protection Act." From the legal content point of view,the US privacy protection law gives consumers more rights to impose on information collectors.More obligations,which are basically consistent with the current development trend of global personal information protection legislation.From the perspective of legislative value orientation,there are essential differences between the EU and California.The European Union's Data Protection Act treats personal data rights as a basic human right.Its legislative purpose is to strengthen the protection of data rights.In principle,commercial use is prohibited.In exceptional cases,legal authorization is allowed.The legislative intent of the US Privacy Protection Act is more to regulate the commercial use of data.In principle,commercial use such as selling is allowed to be regulated and banned under certain conditions.Although the General Data Protection Regulations of the European Union differ slightly in terms of details and legislative values,the general legislative direction is consistent,emphasizing the data rights of network users,the basic rights of data subjects,and requiring data collectors to bear It is not difficult to see that it is in line with the legal requirements,and the increasing compliance requirements for enterprise data protection are also international trends.In addition to analyzing the trend of legislative protection,this paper also analyzes the unique privacy protection model in the United States and combines legislative protection with industry self-discipline.The so-called industry self-discipline mainly refers to the establishment of norms by industry self-regulatory organizations to guide the regulation of industry members,and industry members voluntarily comply with the norms formulated by industry self-regulatory organizations.The application of the industry self-discipline model has a significant effect on promoting the development of the industry economy,and it no longer passes the law mandatory norms,but through the form of industry self-discipline,which is more conducive to the free development of the industry.Another advantage of this model is that in the face of unexpected problems,industry organizations can react faster,propose solutions faster,and handle more flexible ways to make up for the lag of the law.However,industry norms do not have the coercive power of similar laws,that is,they can only play a guiding and demonstrative role,which increases the burden of responsibility of industry participants,and fails to provide consumers with strong protection equivalent to the law.This kind of self-discipline model in the industry is very worthy of learning from China,because at present,China has not formed a complete legal protection system for consumer privacy at the legislative level.Legislation also takes time,and various legal problems may be encountered in the process of implementing the law.The industry self-regulatory organization can make up for the lack of legal norms in this legal window and take responsibility for protecting the privacy of consumers..Therefore,self-discipline in the industry is particularly important,and it is necessary to give more attention to industry organizations and give full play to their role.Even if laws have been enacted to protect the personal information of online shopping consumers,industry self-regulation still has its value.With the development of online shopping,only more and more problems will emerge.From the current situation in China,it is imperative to introduce a law specifically for the protection of privacy,especially personal information.In the last chapter,this article puts forward some suggestions for the formulation of this special law,including the definition of personal information.The concept is officially included in the scope of privacy,so that even if the new law is introduced,it will not affect the original law to continue to apply and can cooperate with other departmental laws to protect consumer information security.In addition,consumer privacy information can be hierarchically protected according to the importance and function of the information in the law,and the information protection requirements at different levels are also different.Finally,in the law,the burden of proof distribution system for online shopping consumers is established to help consumers defend their rights.In addition to industry self-regulation and legislative protection,China can also use administrative power to protect consumer privacy.It can set up a special personal information protection regulatory agency.This agency is independent of other government agencies and continuously monitors whether the network platform and merchants comply with laws and regulations.Fulfilling obligations to protect consumers' information security and respond to emergencies. |
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