Research On The Dilemma And Path Of Private Law Regulation On The Protection Of Personal Information Of Online Shopping Consumers

In recent years,with the rapid development of internet technology,the number of netizens in China has skyrocketed.Online shopping has become a popular shopping method among consumers due to its wide selection,low price,and saving time and cost.Although online shopping has brought great convenience to consumers’ lives,it also makes them suffer from personal information leakage and its various consequences.As the basic law of private law,the Civil Code stipulates the protection of personal information protection in Chapter 6.The Personal Information Protection Law proposes a Chinese plan to protect personal information,and the two laws have important milestone significance in protecting the personal information security of online shopping consumers.However,the economic status of online shopping consumers and online shopping platforms in China is increasingly unequal,and incidents that infringe on the personal information security of online shopping consumers are frequent and increasingly severe.This also indicates that the private law protection effect of online shopping consumers’ personal information in China is not ideal.Therefore,this article attempts to explore the dilemma of protecting personal information of online shopping consumers in China and study effective regulatory paths from the perspective of private law.The introduction section reveals basic information such as the research background and purpose,research significance,research status,research methods,and innovation points of the paper.The second part summarizes the basic theories of personal information protection for online shopping consumers.It is believed that the differences between online shopping consumers’ personal information and general personal information are mainly reflected in four aspects:the sensitivity and property of online shopping consumers’ personal information,the involvement of more information processing subjects in the online shopping process,and the difficulty of online shopping consumers’ rights protection.It is necessary to further discover the phenomenon of practical misconduct in consumer personal information protection in online shopping scenarios,And explore the dilemma of private law regulation to better respond to the special protection needs of online shopping consumers’ personal information and improve the level of private law protection for online shopping consumers’ personal information.Chapters 3 and 4 are the main parts of the paper.The third chapter proposes that the private law dilemma of personal information protection for online shopping consumers in China is mainly reflected in three aspects:the alienation of the "notification consent"framework,the overly broad rules for infringement determination,and the difficulty of consumer rights relief from the perspective of big data.Based on typical cases,three types of misconduct in the practice of personal information protection for online shopping consumers are summarized.In response to the above-mentioned difficulties in private law regulation.Chapter 4 proposes three private law regulatory paths for the protection of personal information of online shopping consumers.Firstly,by clarifying the boundaries of online shopping consumers’ personal information and refining the "disclosure consent" rules,the authenticity of consumers’ right to informed consent and the effectiveness of platform disclosure are guaranteed,and the information subject status of consumers is implemented.Secondly,clarify the information processing obligations and principles of multiple parties in online shopping,and standardize the behavior of collecting,processing,and using consumer personal information;Clarify the tort liability of the parties involved in the joint processing of online shopping scene information,and use risk based damages and typological thinking to help identify the facts of infringement damages,reducing the difficulty of proof.Finally,propose a sound public interest litigation relief mechanism for the protection of personal information of online shopping consumers,and propose specific regulatory paths in three aspects:initiation standards,eligible subjects,and legal responsibilities.In short,by constructing an explanatory theory on the protection of personal information of online shopping consumers within the private law system,clarifying the rights and obligations of online shopping subjects,clarifying the determination of infringement liability in online shopping scenarios,and improving the public interest litigation relief mechanism for online shopping consumer personal information protection,we hope to improve the comprehensiveness and operability of China’s online shopping consumer personal information protection system,and promote the balance between personal information utilization and personal information protection,Promote the healthy and orderly development of the digital economy.