| This thesis takes privacy policy as the starting point and the governance of privacy policy under the background of personal information protection as the research object.At present,the theoretical and practical circles in China still disagree on how to remedy the violation of privacy policy by network service providers.From the nature of Internet privacy policy,we can see that Internet privacy policy can be regarded as a contract.The publication of privacy policy by the network service provider can be regarded as an offer,and the user’s click to accept the privacy policy can be regarded as an acceptance.However,China’s civil code does not make clear provisions on the types of contracts for network service providers to collect,process and use users’ personal information.Such contracts can only belong to anonymous contracts in the civil code.Therefore,there is no effective regulation on the violation of privacy policy by network service providers.In judicial practice,most of the lawsuits filed by network service providers for violating privacy policies are lost by the plaintiff as the injured party.The reason is that the plaintiff,as the injured party,is difficult to determine the specific loss of the rights and interests of the Internet service provider when it violates the privacy policy,so the plaintiff’s claim is difficult to be supported by the court.For the determination of damage,see article 69 of the personal information protection law.Although this article determines the tort liability for infringement of personal information and implements the principle of presumption of fault,it is still difficult to determine the damage when the rights and interests of personal information are damaged.When the rights and interests of personal information are damaged,the damage is usually manifested as the risk facing the future after being illegally used.Therefore,it is not conducive to the protection of users’ personal information rights and interests to limit their attention to the identification of damage caused by traditional infringement.Extend the risk to the study of damage,realize the risk of damage,the increase of risk caused by personal information leakage,the cost of risk prevention expenditure and the anxiety caused by the risk of information leakage.In the case scenario,the judge comprehensively judges the type of personal information infringed and the way in which the information is misused.Therefore,the responsibility for the violation of privacy policy by network service providers still needs to be excavated and try to make a further explanation of the damage,so as to better protect personal information.The article is divided into five parts.The first part is the introduction,which mainly includes four aspects: research background,research significance,literature review,innovation and research scheme.The second part is the tension between personal information protection and privacy policy,which is intended to interpret the nature of privacy policy and the problems existing in the practice of privacy policy under the background of personal information protection.The third part is the effectiveness of privacy policy,which analyzes the effectiveness of different types of privacy policies,and then determines the responsibility of network service providers when they violate the privacy policy.The fourth part mainly discusses the responsibility of network service providers and the form of responsibility they should bear when violating privacy policies.The fifth part is the governance of network privacy policy,which aims to determine how to strengthen the protection of users’ personal information through privacy policy under the background of personal information protection. |
