A Research Of Legal Problems About Personal Sharing-data By Companies

Personal sharing-data by companies exists widespread now.It refers to the behavior that the personal data processor shares the control of personal data to other personal data processors through various actions,and both personal data processors have the ability to independently decide the purpose of personal data processing.No matter what purposes are both entities of sharing-data,they should protect user’s personal data.In fact,it infringes the rights and interests of person.Personal sharing-data needs to follow the legal provisions which are consist of receiving user’s duty,protecting user’s personal data,having legal purposes.But the implementation effect of legal authorization for personal sharing-data is not good.A research of legal problems about personal sharing-data by companies features meaning of reality,theory,legality.This research is made of five parts.The first part introduces concept of personal sharing-data by companies.Its idea should include the concept of personal sharingdata,the limitation of the scope of companies and the notion of personal sharing-data by companies.The second part clarifies legal system and cases about personal sharing-data.The third part analyses problems of regulation about personal sharing-data.The fourth part makes up some suggestions due to the crisis of personal sharing-data by companies.The fifth part is the conclusion.The crisis of personal sharing-data by companies is Apparent.It infringes the right of user.It also induces the determinations of people.It is unfair to user that lies in such a contract which includes user’s agreeing with personal sharing-data.There are also many legal problems about personal sharing-data.The reasonable conditions of personal sharing-data by companies are unclear.The effect of our legal about the active sharing companies is very weak,lacking regulation aiming to the received data company.However,our policy-maker careless the process of personal sharing-data by companies.It is could be impossible that user could receive the remedy.According to various problems in personal sharing-data,the theory respected to contextual of integration should be used,targeting suggestions are put forward as follows: First of all,the legal-maker should clarify the conditions about personal sharing-data by companies that should involve restrict of freedom about both sides of it,illustrating the security of personal data,limiting the purposes.Secondly,our legal system should improve the existing authorization model to follow the independent right of user,commanding a task which aims to the active sharing-data sides which need follow the legal criterion about selecting to the received data side.In additional,legislator should increase some strategies to the indirectly acquisition data of the received data side.The regulator needs to pay more attention to the theory of contextual integrity about personal sharing-data.Legislator should take regulatory measures to the shared process.Measures should be taken to reduce the sharing inducement and maintain the freedom and dignity of persons.However,the complexity of tort in personal sharing-data should be clarified.The executive department of personal data protection could enhance particular ways of supervise which focus on how the both sides respect users who want weird the legal right such as the right due to privacy,the right aimed to deletion,the right of revocation.Besides,the unauthorized personal sharing-data should be stipulated as tort.Divided liability of both sides is assigned according to the type of tort liability in personal sharing-data.It is should be useful that litigations of public interest which regards to personal sharing-data by companies.