Research On Compliance Risk Prevention And Control Of Personal Information Protection In Platform Enterprises

The report of the 20th National Congress of the Communist Party of China proposed to"accelerate the building of digital China" and "accelerate the development of digital economy".The Central Economic Work Conference at the end of 2022 further stated:"We will vigorously develop the digital economy,improve the level of regular regulation,and support platform enterprises to play their role in leading development,creating jobs,and international competition." Like the legislative purpose stated in Article 1 of the Personal Information Protection Law,in the digital economy era,we should not only protect the rights of personal information,but also promote the rational use of personal information.Platform enterprises,as the main force to promote the development of digital econom y,should also be the "gatekeeper" to protect personal information security.As a core resource,massive personal information data is mastered by platform enterprises.While data creates wealth,cases of personal information infringement frequently occur.The national supervision of personal information protection is also constantly strengthened,which brings huge pressure to platform enterprises to comply with the regulations.Once platform enterprises fail to comply,they will suffer severe sanctions and punishment.Faced with such a realistic background,the construction of enterprise compliance system will help platform enterprises to prevent and control compliance risks of personal information protection.Platform enterprises must take the initiative to build a compliance risk prevention and control system of personal information protection and properly handle the relationship between personal information protection and utilization.There is a deep legal basis for platform enterprises to carry out personal information protection compliance construction.The right to protection of personal information has got rid of the dispute of the right of protection of personal information from the perspective of civil law.The right to protect personal information has the attributes of basic rights in the Constitution,and its objective value order function requires the state to shoulder the active obligation to protect personal information:The realization of individual information right should be guaranteed at the level of national system;The organization and program design of both regulators and platform enterprises should be reasonable;The State shall protect the right to protect personal information from infringement by third parties.The mechanism of national personal information protection obligation can check and balance the data power of platform enterprises and promote the circulation of information data while protecting personal information.In order to implement the national obligation of personal information protection,our country has built an all-round legal norm system composed of laws,administrative regulations,judicial interpretation,departmental rules and local regulations,establishes the personal information protection system,and puts forward the personal information protection compliance requirements for platform enterprises.Platform enterprises should,on the basis of fully understanding the current personal information protection compliance system,identify and define the compliance risks they may encounter from the two aspects of administrative law and criminal law.At the level of administrative law,platform enterprises will face administrative sanctions if they violate compliance obligations.At the level of criminal law,platform enterprises may commit crimes of infringing on citizens’ personal information,refusing to perform information network security management obligations and some derivative crimes.If platform enterprises want to curb the compliance risk of personal information protection,avoid major economic and reputation losses caused by administrative sanctions and penalties,and effectively control the negative impact on enterprises,platform enterprises must follow the four principles proposed in this paper,and form a personal information protection compliance risk prevention and control system composed of prevention mechanism in advance,monitoring mechanism in the event and response mechanism after the event,so as to achieve personal information protection compliance.