Conflict Of Laws And Dissolution Of Personal Information Protection On Third-party Payment Platforms

Third-party payment platforms are the innovative product of the integration of digital technology and the financial industry,and are gradually becoming the main payment method in people’s daily lives.Third-party payment platforms not only operate important basic services,but also handle a huge amount of personal information accumulated based on the services.The entry into force of the Personal Information Protection Law has greatly increased the regulated supply of personal information protection,but limited to the principle of the relevant liability provisions,the boundary of its responsibility for the protection of personal information of third-party payment platforms has yet to be clarified.In the era of digital economy,the right to personal information no longer only has personality attributes,but also has property attributes.Personal information of thirdparty payment platforms includes identity information,financial information and predictive information obtained after calculation and analysis,which has the characteristics of multiplicity,complexity,sensitivity,precision,high value,privacy and publicness.Third-party payment platforms are responsible for handling consumers’ personal information in terms of confidentiality,notification and deletion obligations.In the process of sorting out the legal system on the protection of personal information of third-party payment platforms,it is found that the Protection of Personal Information Law is too principled in protecting personal information of third-party payment platforms and inconsistent with other laws and regulations in terms of civil liability of platforms,rules of proof,rules of consent,administrative supervision and administrative penalties,which will result in repeated penalties,competitive supervision and judicial injustice,extending It is a problem for its implementation in the financial sector.In order to avoid the unfair phenomenon of inconsistent enforcement in judicial practice,it is necessary to coordinate the Personal Information Protection Law with other laws and regulations in the field of personal information protection of third-party payment platforms with the relevant liability norms that are compatible with other laws and regulations,including criminal law,administrative law and civil law,and clarify the relationship between common law and special law.The relevant provisions on the responsibility of third-party payment platforms for personal information protection are being refined,and it is necessary to clarify the boundaries of responsibility based on its positioning as an Internet service provider,dissolve the legal conflicts between the Personal Information Protection Law and other laws and regulations,make effective connections between them,and jointly construct a rule of law defense line for the protection of personal information of third-party payment platforms from multiple levels and dimensions,so that The personal information protection system is one step closer to systematization and systematization.The specific improvement path is as follows: in terms of the rule of informed consent,although the rule of informed consent is the core principle of personal information protection,the platform shall not process personal information that is explicitly prohibited by law,even if it has obtained the individual authorization of the consumer;in addition to the compensation for property damage suffered by the consumer for the illegal act of infringing personal information of the third-party payment platform,the compensation for moral damage shall also be included.The People’s Bank of China should be the leading regulator and should impose administrative penalties according to the severity of the violation.