Research On Personal Information Of Consumers Protection System In E-commerce

With the rapid development of information technology and the sudden emergence of e-commerce industry,the enthusiasm of people using the Internet for shopping has been on the rise.On the one hand,e-commerce brings convenience and benefits to consumers so that people gradually rely on online shopping.On the other hand,due to the new features of e-commerce,lack of law to regulate in this field and the protection of personal information of consumers is relatively weak.The e-commerce management subject improperly collects,utilizes and even trades the personal information of consumers for its own commercial interests.The personal information of consumers be wantonly infringed will greatly combat the online shopping enthusiasm of consumers and impact the development of e-commerce industry.Therefore,in order to protect the personal information of consumers and create a good shopping environment,it is necessary to standardize the obligation and liability of the e-commerce management subject on personal information.This essay is mainly from the perspective of the personal information protection of consumers under e-commerce environment,and based on the laws,administrative regulations and relevant national standards of our country.This article also draws on the legislative experience of relevant countries and regions as well as the research results of scholars,and puts forward the suggestions of the personal information protection system.It will help to further improve the relevant personal information protection system in our country,establish the obligation of personal information protection for e-commerce management subject,improve the liability system of e-commerce management subject,protect the legitimate rights and interests of consumers and promote the healthy development of e-commerce.In addition to the introduction and conclusion,the main body includes the following four parts:The first part is the overview of personal information protection.The concept of personal information is defined and classified,and its characteristics are analyzed.It discusses the subject of personal information as well as its rights,the relative obligation for the e-commerce management subject,and distinguishes the obligation between e-commerce operator and e-commerce third-party platform.It lays the foundation for the study of post-text.The second part discusses the legal obligation of e-commerce operator on the personal information protection.It is discussed respectively from the informing obligation,obligation to protect the personal information decision right of consumers,obligation to guarantee information security,obligation to delete timely,legitimate sharing obligation,obligation of rational utilization.Among them,the obligation to inform is divided into two ways: "informed+ implied consent" and "notice in a significant manner + express consent".The third part discusses the establishment of the legal obligation of the e-commerce third-party platform on personal information.The e-commerce third-party platform shall perform preemptive obligations such as review of identity and qualification,risk investigation and risk warning obligations,as well as taking necessary measures and assistance obligations.The fourth part discusses how to improve the liability system of infringement of personal information of e-commerce management subject.On the one hand,it puts forward some suggestions on how to perfect the personal information tort liability of e-commerce operator:Firstly,on the principle of imputation,fault is not constitutive elements when bear the liability of stopping infringement,removing obstruction,eliminating influence and returning personal information carrier.The tort that leads to damages is based on liability for fault and the presumption of fault;Secondly,in the standard of proof,it is determined that the criterion of "high probability",not "the only possibility",should be used to prove the existence of the facts of infringement of personal information;Finally,the liability of the e-commerce operator in the infringement of the third party should be determined by a combination of factors such as the causation,relationship of e-commerce operator and the third party,and the fault of e-commerce operator or victim.On the other hand,it puts forward the suggestions of perfecting personal information tort liability of the e-commerce third-party platform: when platform operator infringes personal information,e-commerce third-party platform bear the joint liability,unreal joint liability and several liability,according to its status and role.