A Law And Economic Study On The Cooperative Protection Of Personal Information

The protection of personal information has become the focus as the fuel of the digital economy.Individuals,data enterprises and governments are aware of the basic value of personal information,and its effective protection has become the premise and foundation of data sharing and opening.The Communist Party and General Secretary Xi Jinping attach great importance to the digital economy and the personal information protection.In the 19 th national congress and its Fourth Plenary Session,it is proposed to strengthen the orderly sharing of data and protect personal information in accordance with the law.In the fourteenth five-year plan,it is further suggested to ensure the safety of national data,strengthen the personal information protection.The government has publicly solicited opinions on the "Personal Information Protection Law(Draft)" from the public.To solve the three core issues of "how to protect","how to use" and "how to balance and coordinate protection and use" of personal information in the digital economy era,it is proposed that the allocation of rights is the basis of the system,the application of rules is the operation of the system,and the behavior requirements are the implementation of the system based on the concept of common development and the theory of coordination in this work on developing the law and economics of personal information protection.On the basis of the coordination of rights,rules and behaviors,a personal information collaborative protection system is also constructed.It focuses on the right bundle to explore the internal conflicts and the coordination,based on which the right collaboration framework is proposed.Secondly,it also focuses on the efficiency and function of rules,to explore a collaborative framework.Furthermore,it focuses on the evolution game among three behaviors,and then present the behaviors' collaboration framework.Meanwhile,a typical case is analyzed to prove the proposed theory,and to figure out the institutional mechanism and path of the collaborative protection.The paper is divided into eight chapters,and the core chapters are chapter 3,4,5,6 and 7.The frame structure are as follows:Chapter 1,the introduction.This part includes background,review,design and innovation.it examines the origin of privacy protection and the rise of information subject control,and the deepening trend of multiple collaboration,so as to clarify the research direction and research focus.Chapter 2,the theoretical framework.This part clears the scope and direction from the basic connotation.Secondly,it focuses on the theoretical basis.The traditional analysis is difficult to combine with economic and empirical,as a static and independent research.So,this paper analyzes reconstructs the connotation theoretical framework with transaction cost,property right,efficiency and evolution.Chapter 3,the right collaboration.With the right bundle,this part carries out a comprehensive and three-dimensional deconstruction of the right system by sections,layers,and types.It is found that the right bundle is conflict of main interests and the deepening of carrier types,it puts forward the right collaboration path: goal,principle and system collaboration.Chapter 4,the rule collaboration.With the K-M framework,this part makes a comprehensive analysis of the rules menu,and explores the coordination relationship among property,liability,prohibition,control and inaction rules,and then it proposes the property rule supplemented by the liability rule as the common rules,and the backup rules by the inaction rule and the prohibition rule.Chapter 5,the behavior collaboration.With the evolutionary game,this part expands to the dynamic evolutionary game among the information subject,the information processor and the government,and explores the behavior stability and evolutionary path of the participants,and puts the three parties' behavior collaboration Mechanism about the opportunities,motivations and control methods.Chapter 6,a case study about collaborative protection.This part explores the typical root causes of the operation difficulty by combing the focus of controversy and the main points of judicial decisions,and explores the practical value of the cooperation of rights,the collaboration of rules and the interaction of behaviors on personal information protection.Effective promotion must adhere to the idea of synergy,and comprehensively use the “triple authorization” and the synergy of rights,responsibilities,interests.Chapter 7,system construction of collaborative protection of personal information.the collaborative operation mechanism and path are integrated with The Xi Jinping Coordinated Development Concept.It is proposed to establish a triple collaboration mechanism consisting of the cooperation of public and private rights,the rule adjustment with incentive compatibility and the behavior collaboration with interest balance,Then,it puts forward the path of collaborative innovation with all behaviors.The last part is the conclusion.