Research On The Legal Regulation Of Commercial Use Of Personal Information Under The Background Of Digital Economy

With the development of digital economy represented by artificial intelligence and cloud computing,personal information has become an important driving factor for the development of market economy,and its commercial value property attributes have become increasingly prominent.Personal information is based on data and has strong personality identifiability,which has become an important factor of production.The commercial use of personal information should be limited to the diversified use of business entities for profit,including but not limited to collection,storage,utilization,processing,transmission and other behaviors.Specifically,personal information is used through precise commercial marketing,face recognition and other methods.In practice,due to insufficient legislation,poor administrative supervision,poor relief and other reasons,there are many problems in the process of largescale commercial use of personal information,such as serious leakage of personal information and abuse of personal information.On this basis,through the investigation of extraterritorial legislation such as the European Union and the United States,it is found that the legislation is mainly based on the unified legislative model,and there is an independent personal information regulatory agency responsible for the protection of the commercial use of personal information in terms of supervision.We should learn from the advanced experience of extraterritorial law,such as the unified legislative model to improve legislation,combined with China’s reality,with ’personal information protection law ’ as a unified legislation,in the digital economy era.The implementation of decentralized legislation in new areas and new formats has filled the gap in the legislation of commercial use of personal information in the context of the digital economy.At the same time,in the form of judicial interpretation and regulations,the core rules of fair use,namely the content of informed consent rules,are clarified on the basis of the existing legal framework.Strengthen the supervision of administrative agencies,set up a personal information protection committee as a special regulatory agency,clarify its legal status,work functions,and give administrative powers in the " Personal Information Protection Law," so as to better carry out the supervision of the commercial use of personal information,and advocate strengthening industry autonomy and self-discipline,establishing industry associations,setting up personal information data protection officers within enterprises for internal supervision of enterprises,and improving the legal regulation of the commercial use of personal information through specific measures such as implementing public interest litigation and introducing punitive compensation mechanisms.