Legal Protection Of Minors’ Personal Information In Online Game Applications

At present,there are some problems in online game applications,such as excessive collection and use of minors’ personal information,formalization of protection measures and inappropriate handling methods.In addition,in the practice of protecting minors’personal information,enterprises also have three difficulties:it is difficult to effectively identify minors,obtain consent from guardians,and balance the platform’s responsibility for privacy protection with the prevention of minors’ Internet addiction.Our country has always attached great importance to regulating the healthy development of the Internet games industry and protecting the healthy,safe and happy growth of minors.In recent years,it is particularly concerned about the infringement of minors’ personal privacy in the Internet field.Therefore,it is necessary to sort out and analyze the particularity of the identity information of minors in the field of online games,how to effectively identify the identity information of minors,how to remedy after infringement,and other related issues.It is worth of studying to guide minors to surf the Internet in a standardized and healthy way.In addition to the preface and conclusion,the paper mainly includes three parts:Chapter 1 mainly describes about the protection of minors’ personal information in online game applications.First of all,starting from the particularity of the main body of juvenile netizen,minors’ personal information and online game application,this paper introduces the special features of protecting minors’ personal information in online game application.Secondly,the author discusses the problems in the application of online games,such as the unreasonable age definition standard,the non-standard personal information definition standard and the ineffective implementation of guardian consent rules.Moreover,based on the compliance review of online game service providers,it is found that there are problems such as authorization rules,format terms can not effectively identify identity information,security problems of collecting,storing and sharing information of minors,and unclear boundary of information processing obligations of online game service providers.Finally,at the legislative level,the provisions on the protection of minors’personal information in China’s existing legal system are scattered and there are many provisions of principle,which make the relevant supporting protection measures lack effective implementation.In the judicial practice,the cost of judicial relief for violating the information of minors is too high to be compensated handsomely.Chapter 2 mainly discusses how to effectively identify the identity of the main body of juvenile netizen in online game applications.The definition of the age standard of the subject of juvenile netizen,the definition of the object of personal information,the effective implementation of the system of guardian consent,and the clarification of the boundary of the obligations of information processors effectively respond to the concerns of many issues in Chapter 1.Chapter 3 mainly describes the protection of minors’ personal information compliance settings in online game applications.It tries to protect the legitimate rights and interests of minors by combining front-end protection and prevention with back-end relief.In the front protection mechanism,the online game application service providers should oppose the"one-size-fits-all" age identification standards for minors and should adopt stratified age restriction standards.Online game application service providers shall introduce a verifiable guardian consent mechanism,clarify that online game data processors shall independently formulate rules for the protection of minors’ information,have sufficient necessity and specific purpose when collecting and using minors’ personal information,reasonably define the security obligations of online game service providers and clarify their legal responsibilities.In the back-end protection mechanism,at present,our judiciary mainly uses criminal and administrative punishment measures to regulate behaviors of damaging personal information of minors,and civil means to relieve behaviors of violating personal information of minors,which is difficult to prove and the cost of safeguarding rights is high and the full compensation is unable to obtained.Therefore,it is suggested that the Chinese people’s procuratorial organs should bring the non-performance of content management obligations of online game platforms into the legal type of public interest litigation according to the stipulation of public interest litigation in Article 70 of the Personal Information Protection Law,in order to strengthen the protection of the minors’personal information procedure law.Based on the latest legislation of the United States and the European Union in this field and the practice of protecting minors’ personal information in China,this paper hopes to further discuss the specific judgment criteria for the protection of minors’ personal information in online game applications,effectively clarify and discriminate the identity information of minors in the field of online games,and reasonably divide the compliance obligations of online game service providers in order to balance the healthy development of the online game industry and the protection of the legitimate rights and interests of minors.