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An Empirical Study On The Judicial Application Of "Notice-consent" Rule In The Protection Of Personal Information On Internet Platforms

Posted on:2024-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:F R GeFull Text:PDF
GTID:2556306920969169Subject:Law
Abstract/Summary:PDF Full Text Request
The Personal Information Protection Law of the People’s Republic of China officially implemented in 2021 clearly defines the legal basis of Internet platforms’ processing of personal information as the "notify-consent" rule.However,there are still many problems in the application of this rule in the field of Internet platforms,and violations of the "notify-consent" rule emerge one after another: The Internet platform only provides formal notification for compliance purposes;Users have a weak awareness of the protection of personal rights and interests,and their reading ability is very limited,which usually fails to meet the standard of effective consent.The court has a high support rate for Internet platform notification through privacy policies,user agreements and other forms,coupled with the unreasonable distribution of burden of proof in judicial application,the difficulty of proof for property damage,and the high standard of proof for mental damage,resulting in the inability to effectively protect the rights and interests of personal information.The "tell-consent" rule is in danger of being flouted.This paper mainly studies the judicial application of "notify-consent" rule in personal information protection.First of all,clearly define the concept of personal information and the substantive connotation of the "notify-consent" rule,clearly define the positioning and legal nature of the "notify-consent" rule in the legal system,and at the same time,learn from the domestic and foreign legislative examples of the "notify-consent" rule.Secondly,the empirical analysis of the application cases of the "notify-consent" rule is carried out.Through the big data analysis of the 95 samples selected,the main disputes in the above cases are sorted out,such as whether the standard terms in the privacy policy are effective,whether the Internet platform has clearly informed and whether the Internet platform has obtained the effective consent of the users.Thirdly,combined with data analysis,the author comprehensively grasped the practical difficulties existing in the application of the "notify-consent" rule,including four aspects,such as the unreasonable setting of the notification text content on the Internet platform,the single way of rights relief,the inconsistent recognition standards of the validity of the notification content by the court,and the lack of relief.Finally,in view of the practical dilemma,the paper puts forward specific suggestions from the level of system and judicial application,including standardizing the content of notification text,introducing new ways of right relief,unifying the standards of law application and judgment,improving the damage compensation system,and easing the application of strict standards for mental damage compensation to improve the rules,so as to better protect the rights and interests of personal information.
Keywords/Search Tags:Internet platform, personal information, "Notice-consent" rule
PDF Full Text Request
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