Research On Personal Information Protection Obligation Of Internet Platform

Personal information carries important value.With the rapid development of information technology,internet platforms,relying on their powerful technological advantages,have become important information processors,but they have also increased the risk of information leakage during the information processing process.The obligation to protect personal information runs through the entire process of information processing,including collection,storage,processing,use,transmission,and sharing.In this context,it is necessary and urgent to promote the improvement of the personal information protection obligation system on internet platforms.One of the fundamental issues in constructing personal information protection obligations is to clarify the characteristics of internet platforms and the ownership of personal information.The Personal Information Protection Law clarifies the characteristics of internet platforms from three aspects: "type of business","number of users",and "industry influence".The theory of fulfilling obligations on internet platforms includes the theory of "gatekeepers",the theory of fiduciary obligations,and the theory of incentive compatibility mechanisms.These theories discuss the legitimacy of internet platforms fulfilling their protection obligations from different perspectives.The ownership of personal information includes privacy theory,Personality rights theory and civil rights theory.Different theories analyze personal information based on different perspectives.The privacy theory focuses on the comprehensive protection of personal information.The Personality rights theory tends to establish personal information as an independent Personality rights,while the civil rights theory is based on the provisions of the Civil code.It believes that the way of setting personal information as a civil right is more conducive to regulating information processing behavior.The establishment of personal information protection obligations is not only to regulate the behavior of information processors,but also to achieve a balance between information circulation and information protection.Currently,the Personal Information Protection Law,Data Security Law,and Cybersecurity Law have established the framework of China’s personal information protection legal system.Under the guidance of the law,major internet platforms are more actively fulfilling their information protection obligations.The public interest litigation system and personal information spiritual damage compensation system in the field of personal information protection also play a normative and supervisory role in fulfilling obligations on internet platforms.However,there are still some areas where the personal information protection obligations of internet platforms can be improved,such as unclear regulations on sensitive personal information protection obligations,technical barriers to data transfer channels provided by the platform,lagging establishment of external independent supervision agencies,and difficulties in implementing personal information protection compliance audits.By combining legal provisions with judicial practice,personal information protection obligations can be clarified from the aspects of establishing objects,regulating procedures,and adjusting internet operation models.External independent supervision institutions can be improved from two aspects: standardizing the setting method and clarifying the scope of authority.By analyzing the General Data Protection Regulations and other laws,this paper proposes a refined approach to the portability of data in China from the perspectives of transmission mode and transmission object.The compensation system for mental damage to personal information can enhance its relief function by adjusting the compensation standards for damages and establishing a minimum compensation amount.The public interest litigation system is discussed from the aspects of litigation objects,applicable reasons,litigation order,and the obligation of information processors to cooperate.