Research On Legal Issues Concerning The Protection Of The Consumers’ Personal Information Right In The Field Of E-commerce

At present,the development of e-commerce in China has fully entered the 3.0 era.The mature application of cloud computing,algorithms,and big data technology has brought subversive changes to the e-commerce model,making e-commerce business has become a data-driven industry.In the process of digital development of the e-commerce industry,consumer personal information has become the basic resource required for the realization of e-commerce transactions and an important basis for e-commerce operators to make business decisions.However,while information resources have brought huge economic benefits to the e-commerce market,the lack of effective legal protection rules has caused frequent damage to the consumers’ personal information right,including "improper collection of consumer information,endangering consumers’ right to know and choose information","improper use of consumer information,damaging consumers’ right to use information" and "improper storage of consumer information,infringing consumers’ right to confidentiality".The consumers’ personal information right in the field of e-commerce have new features such as weaker right subjects,wider right objects,more diverse subjects of infringement,more pronounced dual attributes,and more concealed infringement methods,which makes the traditional personal information protection rules unable to deal with the risk of consumer information infringement in the field of e-commerce.In view of this,the research on legal issues concerning the protection of the consumers’ personal information right in the field of e-commerce has important theoretical and practical significance.This article systematically combs the current status of domestic legal protection of the consumers’ personal information right in the field of e-commerce,including legislative status,law enforcement status,judicial status,and e-commerce industry status.Through the analysis of the current status,it can be found that the existing protection rules have the following shortcomings:first,the right attribute and right objects of the consumers’ personal information right in the field of e-commerce are unclear,resulting in confusion in the corresponding protection mode and scope of protection;second,the existing multi-headed law enforcement mode runs in chaos,and the regulatory body structure is set unbalance,which cannot achieve the goal of regular and effective supervision;third,the notification and consent rules applicable to the consumers’ personal information collection stage are broad;fourth,the reasonable use boundary of consumer personal information in the use stage is fuzzy;fifth,the disclosure prevention requirements applicable to the storage stage of consumer personal information are insufficient;sixth,the traditional judicial relief mechanism makes it difficult to impose liability and compensation for related violations.Then,this paper analyzes the legal protection system of the consumers’ personal information right in the field of e-commerce in the European Union and the United States,and draws the following enlightenment:the relevant legal protection model should be adapted to the state of the country’s economic and social development;it is advisable to adopt the mechanism of multiple supervision subjects to improve the implementation effect of legal protection rules;it is necessary to combine the characteristics of information application in the e-commerce context to improve the traditional personal information right protection rules;it is necessary to set up a judicial remedy mechanism based on the difference between the market positions of e-commerce operators and consumers.Finally,based on the principle of interest measurement and the principle of fairness and justice,this paper puts forward some countermeasures against the deficiencies of the existing system.First,define the right attribute and objects of consumers’ personal information right in the field of e-commerce,including:determining the right attribute of the consumers’personal information right in the field of e-commerce to clarify right protection model,broaden the scope of the right objects of consumers’ personal information rights and make them adapt to the information application context in e-commerce.Second,a regulatory model should be established to meet the requirements of normalized effective regulation,including establishing the concept of state guarantee responsibility as the regulatory logic and clarifying the rights and responsibilities of diversified regulatory bodies.Third,optimize the notification and consent rules at the stage of consumer personal information collection,including:adding"sufficiency" notification standards and improving the effective requirements for consent.Fourth,realize the rationalization and clarification of the use boundary of consumers’personal information in the use stage,including:strictly restricting the use of permission outside the purpose of information and clarifying the judgment basis of the necessity of information use.Fifth,establish and improve the disclosure prevention standards at the stage of consumer personal information custody,including:improving requirements for technical prevention measures,refining organizational management requirements,and improving information leakage remediation requirements.Sixth,promote the rationalization of the judicial relief mechanism,including:reforming the damage compensation system and reconstructing the method of legal liability.