Research On The Supervision System Of Personal Information Circulation

"Big data" and the Internet have indirectly changed people’s lifestyles and life concepts when they have improved the convenience of information sharing.At the same time,they have also made us ignore that personal information can be leaked through the Internet and quickly manipulated by communicators.Personal information has been illegally collected and shared.In the case that China has not yet promulgated corresponding laws,the security of personal information protection will continue to impact the existing legal order.After discussions in the academic circles in recent years,China has issued corresponding rules to restrict the circulation of personal information.However,with the the development of software algorithms,it seems that these rules are still incomplete.How to establish a serious of efficient personal information circulation supervision system and how to improve the personal information circulation supervision rules are an urgent issue in current legal research.In recent years,China has adopted the "Cybersecurity Law" "Information Security Technology--Guidelines for the Protection of Personal Information in Public and Commercial Service Information Systems " and "Information Technology--Personal Information Security Specification " to set up a more systematic protection of personal information.There are still many problems.First,the legislative model.On this issue,the United States has adopted a model of combining industry self-discipline with supervision by industry;the European Union has adopted unified legislation;Japan has integrated unified legislation with industry self-discipline.How China chooses on the legislative path and which legislative model is more in line with China’s status quo is a question worthy of our discussion.Second,the supervisory body is unknown and the responsibilities are unclear.At present,the supervision by separate industry still be applied on supervision systems of personal information.The legislative model of multi-leader leadership often render a "vacuum field" of supervision in practice.Legislation is not integrated,and the absentof independent regulatory body,leading to the application of laws at "different judgments in the same case." Third,the supervision rules for the circulation of personal information need to be improved.Personal information sharing is a process of indirectly collecting information,which involves the reuse of the collected information by the information controller.What is the specific meaning of "authorized consent",is it explicit consent or implied consent;how should pre-examination,inter-event supervision,and post-event supervision be specified.The special rules for sharing need to be further refined.This article focuses on the above three issues,basing on research methods such as literature analysis research,empirical research,historical analysis research,and legal research,based on in-depth research on personal information circulation,and referring to existing domestic and foreign personal information supervision systems,suggestions are made for system improvement.This paper believes that the protection mode of unified legislation in China is most suitable for the current national conditions.At the same time,an Independent supervisory authorities should be established to clarify its specific responsibilities;develop a comprehensive and multi-level regulatory model,expand the regulatory field,and improve the corresponding regulations of personal information circulation.