Research On The Legal Protection For Personal Data In E-conmerce

E-commerce in China’s development momentum is very rapid，personal data in violation of attendantissues are increasingly prominent, but there is yet no specific laws of the personal data protectionlegislation. This article studied the protection of personal data and divided into three parts:The first part of the basic theory of consumer personal data in e-commerce activities. First a definition ofe-commerce, explains the concept of personal data and its violations. Then discusses the data ofe-commerce and the wicked, including the use of personal data is the basis for the development ofelectronic commerce; improper use of personal data is the outstanding problems in the development ofelectronic commerce. Then analyzes the legal basis for the legal protection of consumer personal data ine-commerce should be the protection of personality rights. Above summarizes the necessity and feasibilityof the legal protection of consumers’ personal data in e-commerce, the need to include: a huge number ofe-commerce processing personal data, personal data vulnerable to abuse on the Internet, can effectivelyprotect the personal privacy and personal information; feasibility include: our parties on privacy andpersonal control over more and more attention; the technical means for the protection of personal data hasimproved steadily; the existing law has formed the basis of the personal data protection legislation.The second part is the current situation and analysis of the legal protection of personal data of foreigne-commerce system. First described the U.S. e-commerce consumer personal data protection, includinglegislation to protect and industry self-regulation, and then describes the EU legislation to protect thepersonal data of e-commerce consumers, the last of the protection measures in the United States and theEuropean Union: The United States rely mainly on e-commerce businesses, self-discipline and industrye-commerce for the supervision of the Association to protect personal data, the formulation of laws, takeinto account both the interests of consumers, while taking into account the development needs ofe-commerce businesses, and strive to make the two harmonious. U.S. e-commerce aspects of personal dataprotection law is very sound, but its protected mode, or the use of industry self-regulation. Unlike the U.S.,the EU is mainly the use of legislation to protect personal data in e-commerce. The basic principles ofpersonal data protection and measures to be legal provisions, the establishment of judicial and administrative remedies, provides a comprehensive legislation to protect citizens’ personal data protection.The third part is the legal protection of consumer personal data in our e-commerce. First discusses thestatus of the legal protection of personal data of e-commerce in China, including the protection of civil andcriminal law, and then analyze the inadequacies of our e-commerce consumer personal data protectionsystem, including the country does not develop specialized legal; in China e-commerce industryself-regulation; protection technology is flawed. Then it analyzes the legal protection of consumer personaldata in e-commerce in China two problems to be resolved: First, the relationship between the protection ofpersonal data and protection of trade secrets, the second is the relationship between legal protection andindustry self-regulation. On improving China’s e-commerce personal data protection system for a fewsuggestions: First, establish and improve relevant laws and regulations system; is to strengthenself-discipline of e-commerce industry in the protection of personal data; is to raise the awareness of citizenself-protection of personal data; Fourth, the use of technical means of protection.