| Today with the increasing development of the Internet and information technology,the incidents of misusing consumers’ personal information which harms the legitimate rights and interests emerge in endlessly.Encrypted digital currency is the information as the leading,relying on the block value chain based on the underlying architecture of digital,its consumer both personality and property attribute of personal information is once leaks and illegal use,could lead to the consumer privacy infringement and loss of control of the encrypted digital currency itself,in turn,to property damage,makes the incalculable damage to consumers’ legal rights.In addition,compared with other blockchain application scenarios,the protection of consumers’ personal information rights and interests is more urgent,which makes consumers of cryptocurrency face more serious problems of personal information protection.Although cryptocurrencies rely on blockchain,distributed ledger and other technologies,they have natural advantages such as decentralization,anonymity and immutability.However,there are two sides to the coin.Cryptocurrency has also been subject to various controversies since its emergence,especially the discussion on its high risk and the implementation of strict regulation in China.In order to ensure the orderly and healthy development of cryptocurrency,it is necessary to pay attention to the protection of the legitimate rights and interests of consumers.And put aside the personal information to discuss the protection of consumer legitimate rights and interests will be a fable.The author proposed from the Angle of view of the protection of the rights and interests of consumers’ personal information,analysis of the particularity of consumer personal information in the field of encryption digital currency and protect the realistic predicament,and on the encrypted digital currency and consumers personal information on the basis of combing the existing specification,draw lessons from foreign about encrypted digital currency and consumer personal information protection experience,hoping to promote the orderly encrypted digital currency stable operation at the same time the protection of consumer rights and interests of personal information relating to provide the reference path.This paper mainly focuses on the protection of personal information rights and interests of cryptocurrency consumers,which is divided into four parts.Firstly,the analysis of the basic theory.It mainly focuses on the theory of consumer’s personal information rights and interests.It includes the definition of the concept of personal information in the existing main legal norms and the classification of consumers’ right to personal information.Based on definite the meaning of the personal information,and then further to encrypt digital currency to define and discuss its inherent characteristics,based on this conclusion the encrypted digital currency area consumer personal information rights and other scenarios for the difference between the right of personal information,and then to encrypt digital currency consumers personal information protection,the necessity of further discussed.Secondly,the current situation and existing problems of consumer personal information protection in the field of cryptocurrency in China are discussed.This paper summarizes the current situation of consumer personal information protection in the field of cryptocurrency in China,including legislation and practice.At the same time,there are also four aspects of the problem: one is the lack of unity of the law and relevant judicial interpretation and the change,deletion of personal information crypto digital currency inherent defects resulting in the legal protection is not perfect;Second,the regulatory measures for cryptocurrency are too rigid;Third,the lack of industry self-discipline organization leads to the deviation of consumer rights protection;Fourth,the omissions caused by consumers’ low awareness of personal information protection.Thirdly,it analyzes and learns from the practice of protecting the rights and interests of consumers’ personal information in the field of cryptocurrency.Among them,the practical experience of the United States is that decentralized legislation enables more legislative bodies to participate in the construction of the legal protection system of consumers’ personal information rights,so as to give play to the group advantage in the protection of consumers’ personal information rights and interests.The practical experience of the European Union is to hold a positive attitude towards cryptocurrency and to regulate and guide the development of cryptocurrency by promulgating uniform legislation.At the same time,the unified legislation on personal information is relatively perfect,which provides a framework for EU countries to protect and regulate consumer personal information based on their national conditions.Among them,the "regulatory sandbox" initiative implemented by the UK is particularly notable.The practical experience of Japan is to recognize the legal status of cryptocurrencies represented by Bitcoin and the legality of transactions,and actively establish industry self-regulatory organizations and develop a complete institutional system from the perspective of protecting the personal information rights and interests of consumers.Fourthly,the improvement of the protection path for the personal information rights and interests of cryptocurrency consumers.It includes the construction of a complete legal protection system from the four aspects of perfecting the legal protection of cryptocurrency,perfecting the consumer rights and interests protection law,formulating specific personal information protection law and providing a complete channel for the realization of personal information deletion right,alteration right,control right and consent right.Adopt the rigid and soft supervision mode,including clarifying the supervision main body,introducing the supervision sandbox and adopting the supporting implementation rules of the supervision.Based on the comprehensive consideration of the current national conditions of China and the reference of Japan’s experience in the management of cryptocurrency,an industry self-discipline organization is established to make up for the absence and deficiency of supervision.Strengthen consumers’ awareness of personal information protection through increasing law popularization,legal publicity and education and paying attention to personal information rights and interests in personality rights and interests. |