| In the era of big data,the rapid development of science and technology constantly derived a new way of economic growth,which profoundly changed people’s social interaction and way of life.Personal information plays an important role in the innovation and application of science and technology.However,the problems of personal information leakage and abuse brought about by big data’s exploitation and excavation are threatening the citizens’ information rights and interests to a certain extent.At the same time,the conflict of interest between personal information protection and personal information utilization is increasingly obvious.At present,the domestic research on personal information protection mainly focuses on the connotation of the right to personal information and its specific protection measures.And so on the theory research,the related empirical research is very limited.This means that it is necessary to examine the current practices and arrangements of the enterprises concerned in the process of using and protecting personal information,so as to find out the problems and analyze the causes,in order to find corresponding solutions.Then promote the development of personal information protection system,balance personal information protection and utilization.In addition to the introduction and conclusion,the paper is divided into five chapters,mainly using the method of literature synthesis,empirical research,statistical research and other research methods.The introduction is mainly about the basis and significance of the topic,literature review,research methods and so on.The text is divided into five parts.The first part: because in the age of the Internet,the electronic version of the Privacy Agreement provided by the APP product service provider is the clearest and specific agreement between it and the user regarding the rights and obligations for the protection of personal information,So this section combs the text of 43 app’s privacy protocols.Focus on summarizing and analysing the overall situation of "personal information collection / use","user’s right to information","sharing and transfer of information","protection of special information";The second part: carries on the preliminary interpretation to the mobile app personal information protection judicial case,from the "dynamic" level to reflect the general situation of the practice,sums up the characteristic about the app personal information protection and the use of the judicial practice;The third part summarizes the key problems of personal information protection in the field of mobile APP products and services,including the solidification of the principles of "informed consent",which leads to the difficulty of information protection and utilization.Lack of substantive protection of special information and lack of rules and standards for sharing information;The fourth part attempts to explore the reasons for the formation of the problem,mainly from the perspective of the normative system,cost and so on,including the related norms of personal information protection in China are complicated,scattered,imperfect,and so on.The particularity of personal information rights and the lack of intrinsic incentives to protect users’ personal information based on cost considerations;The fifth part put forward its own solutions to the induced problems,including distinguishing "sensitive information" and establishing a two-track system of "selective entry" and "opt-out",which includes the identification of "sensitive information" and the establishment of "selective entry" and "opt-out".Combing the information rights and interests construction system information sharing rules and appropriate introduction of "individual payment mechanism". |