Research On Personal Information Protection Involving Anti-Monopoly Law

In today’s digital economy,users’ personal information is given great social significance,which is not only a competitive target between major enterprises,but also threatened by unfair competition.Due to its close relationship with market competition,it has received more and more attention in recent years.However,there is debate in both academic and practical circles about whether antitrust intervention should be carried out on personal information damage.Through the analysis of traditional anti-monopoly law theory and relevant law enforcement practice,this paper concludes that in practice,the intervention of anti-monopoly law in personal information damage is reasonable,which is necessary in reality and feasible in theory.In view of the personal information damage behavior carried out by enterprises in practice,an anti-monopoly personal information protection system including anti-monopoly should be established through innovative methods based on the theoretical framework of the traditional Anti-Monopoly Law.Based on the above logic,this article is mainly divided into the following four parts:The first part,"Personal Information and Market Competition",redefines the value of personal information in the digital economy era from the perspective of market demand,and explains how it is related to the market and competition.In the era of digital economy,personal information has become a new factor of production to participate in economic activities,which not only has personality rights attributes,but also has important economic value,consumers exchange their personal information for "zero-price services" and thus produce the "first transaction" in the digital market,thus attracting the attention of the Anti-Monopoly Law.The second part,"Analysis of the Necessity of Anti-Monopoly Law Intervention in Personal Information Protection",focuses on the shortcomings in the current legal system and the adjustment of the Anti-Monopoly Law.Under the legal system dominated by the PIPL,the large-scale and secret personal information infringement adopted by digital enterprises by taking advantage of their dominant position cannot be effectively regulated.Listing the different types of personal information damage caused by the abuse of dominant position by enterprises,combined with the current situation of personal information protection and relevant law enforcement practices,it shows that it is indeed necessary for the Anti-Monopoly Law to intervene in personal information protection.The third part,"Theoretical Path of Antitrust Law Intervention in Personal Information Protection".in theory,the intervention of the Anti-Monopoly Law has a complementary effect on the existing personal information protection system,and the protection of personal information is also consistent with the value objectives of anti-monopoly,so it is feasible for the Anti-Monopoly Law to intervene in personal information protection.In the process of analyzing the actual enforcement of anti-monopoly laws,in principle,we should still adhere to the theoretical line of "quality-price",but when evaluating its actual impact,we should take the damage consequences as the core in the analysis ideas,and innovate and establish an independent protection method centered on consumer interests.Part Ⅳ,"Anti-Monopoly Law Intervenes in the Implementation of Personal Information Protection".In order to incorporate the protection of personal information into the anti-monopoly analysis framework,it is first necessary to build a system for the protection of personal information under the Anti-Monopoly Law,taking into account the innovation of analytical tools and the innovation of regulatory methods.At the same time,the Anti-Monopoly Law shall not conflict with the existing legal system when intervening in the protection of personal information,and shall coordinate with the existing legal system in the application of law,and divide labor and cooperate with other departments in the process of law enforcement to promote the healthy development of the digital economy under the protection of personal information.