Research On Administrative Regulation Of Network Application Privacy Policy

Privacy policy is a personal information protection rule formulated and disclosed by the operating company of network products,and have gradually become the main way for enterprises to fulfill their disclosure obligations and obtain user consent in practice.But the lengthy and convoluted text content of privacy policy and the passive situation where users cannot use without consent make the principle of informed consent mere formality.The essential difference in nature between privacy policy and contract makes privacy policy not subject to the regulation of contract law,and the autonomous logic of private law that justifies the processing of personal information by enterprises based on the consent of users does not have substantive fairness under the binary division of privacy policy subjects and the consent or departure mechanism.When the private law path cannot meet practical needs,it is better to turn to an administrative path that has more advantages in cost and efficiency.Administrative regulation is not abusive intervention,its legitimacy comes from the externality and sociality of privacy policy,the maintenance of information self-determination and the correction of consent fairness in the context of informed consent,and its necessity comes from the limitations of other regulatory tools.However,it is necessary to prevent the risk of abuse,so the boundaries of specific systems should be strictly defined based on the principles of proportionality,administration according to law,and due process.At present,the administrative regulation of privacy policy in China is in its infancy,with incomplete legal basis and regulations from regulatory authorities,and a normalized regulatory mechanism has not yet been established.The trend of combining administrative regulations with industry self-discipline presented by foreign countries should be taken as the development direction of administrative regulations in China’s privacy policy.Firstly,following a hierarchical path from bottom to top,from local to central,to improve legal norms,formulate the "Privacy Policy Supervision Regulations" and supporting departmental regulations,and concretize the principle of informed consent and relevant provisions on sensitive information protection.Secondly,establish dual standards of minimum quality and safety quality to provide entry barriers and optimization directions for privacy policy.Thirdly,clarify the supervisory authority status of the network information department and its relationship with other departments,and establish a specialized privacy policy regulatory agency.Fourthly,establish normalized regulatory mechanisms such as filing,approval,and licensing,and improve supporting post punishment and relief mechanisms.Finally,strengthen the integration with industry self-discipline and Exploring the model of industry model approval add industry association certification.