| While the development of computer technology and Internet technology has brought great convenience to human society,it has also brought severe challenges to the protection of personal information.Because of the greater arbitrariness and convenience in collecting personal information,network platforms have become the hardest hit areas for personal information infringement.The problem reflected is the contradiction between the three relationships between the network platform and personal information,the government and the network platform,and the government and personal information.The responsibility of the government for the protection of personal information comes from its protection of the basic rights of citizens,the macro-control of the market economy,and the function of maintaining national security.However,at this stage,the government has a lack of responsibility for the protection of personal information on network platforms,which is mainly manifested in the principle and decentralization of the protection of personal information on network platforms by laws and regulations,and the lack of strict pre-licensing and inadequate supervision of network platforms and the effect of penalizing illegal acts is poor.The reason is that the government’s lag in the protection of personal information on network platforms,lack of support from relevant theories,over-reliance on private law autonomy in the context of unbalanced market regulation,and unclear powers and responsibilities of relevant functional departments.The EU on personal information protection adopts unified legislation protected mode,from 1981"Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data"to"Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data"to the 2016 "General Data Protection Regulation"（GDPR）construct a more complete system of personal information protection.American based on right of privacy to adopt decentralized legislation and industry self-discipline combination way to protect personal information,the California governor signed in June 28,2018,passed the CCPA,and take effect on January 1,2020,the bill is thought to be the most severe in the USA,the most comprehensive consumer privacy protection act.Both the European Union unified legislation protection mode and the United States decentralized legislation protection mode combined with industry self-discipline protection mode have their own experience and characteristics,and have certain reference value for the protection of personal information in China’s network platform.This article from the perspective of government responsibility,using the method of literature review,empirical analysis and comparative analysis,through the literature reading,related cases and retrieve the current laws and regulations,combined with the European Union and the United States for the experience of the personal information protection,aimed at the network platform for personal information protection responsibility of government to carry out the rationalization proposal.In terms of legislation,select a legislative model that suits my country and issue special legislation in the field of personal information protection on network platforms as soon as possible,and sort out existing laws and regulations to clarify the content of personal information protection in the field of network platforms.In terms of pre-licensing,clarify the functions of relevant departments,learn from the EU’s risk-level differentiation management system,and implement different levels of level licensing.According to this level,the amount and degree of personal information collected by the network platform can be determined.In terms of post-event supervision,focus on dynamic supervision,broaden public opinion channels,and build a supervision system led by government supervision and supported by industry self-discipline.Regarding penalties for violations of the law,refine penalties,increase penalties,use various forms of administrative penalties to crack down on network platforms that infringe on personal information,and do a good job in linking up with civil law and criminal law.In addition,the government pays more attention to the legality of administrative actions when performing its management functions,prevents abuse of power,strengthens the principle of due process of administrative punishment,and escorts the proper exercise of administrative power through the construction of a system. |
