Research On Civil Law Protection Of Personal Information Of Minors In China

Compared with adults,the civil law protection of minors’ behavior ability and personal information is special.The former is reflected in the fact that minors do not have full capacity for civil conduct,and under normal circumstances,guardians act as part or all of their legal acts;The latter is reflected in the protection of civil law,which can not only protect the established rights,but also protect the right of confirmation first.Personal information is divided into general information and sensitive information,while the personal information of minors is sensitive information,so the protection should be stronger.The Personality Rights Compilation of Civil Code builds the institutional framework of personal information protection in the form of a special chapter,which provides basic norms for civil law protection of minors’ personal information.This norm is too general and principled,and is not practical,so it is necessary to make more detailed regulations on civil law protection of minors’ personal information,so as to better guide judicial practice.Investigating the current situation of civil law protection of minors’ personal information in China,there are mainly some problems,such as unclear definition of minors’ self-determination ability,unclear informed consent mechanism of guardians,and insufficient punishment of information practitioners’ security obligations.Guided by the above problems,this paper combs and analyzes the European Union’s General Data Protection Regulations and American Children’s Online Privacy Protection Law,and puts forward some suggestions to improve the personal information protection rules of minors in China: clarifying the limits of the exercise of minors’ self-determination ability,rationally defining the age limits of minors,and properly dividing the scope of the exercise of minors’ self-determination ability;Optimize and adjust the traditional informed consent rules,adhere to the principle of maximizing the interests of minors,and enrich the guardian’s informed consent methods;Improve the security obligations of personal information processors,clarify the boundaries of security obligations,increase penalties,and expand multiple relief methods.