| In the era of digital economy,the development of the Internet to the platform stage has subsequently invaded all aspects of economy,society,culture and politics.In the past decade,we have witnessed the vigorous development of online platforms in various fields at home and abroad.Online platforms occupy all areas of people’s lives.By collecting a sufficient amount of users’ personal information,the platforms have formed personalized recommendations exclusive to users to facilitate users.Convenient at the same time also produced a variety of contradictions,conflicts,each big network platform illegal,excessive collection of personal information cases,the state issued the personal information protection law,"data law" and other legal policies and punishment measures,the Internet behavior and Internet business behavior strict regulation.While the legal net is constantly strict,especially for the type of network platform enterprises,combining Internet technology with traditional business behavior,the possibility of criminal risk is rising.How to control the phenomenon of network infringement of personal information and how to ensure the economic vitality of platform enterprises while preventing and controlling criminal risks have become urgent practical problems for modern Internet platform enterprises.Compliance prevention and control of the criminal risk of infringement of personal information by online platforms refers to the Internet platform by establishing compliance plans that meet the industry characteristics and its own conditions,To prevent and respond to the criminal risk of infringing personal information with the purpose of controlling cyber crimes and maintaining the security of personal information,To form a criminal prevention and control compliance management mechanism covering the advance of,during and after the operation,Its characteristics include the particularity of the prevention subject,the difficulty of criminal risk compliance management,and the existence of certain technical obstacles,The principles of compliance prevention and control include the compliance principles of effective personal information protection,whole process personal information protection compliance principles and theoretical principles of personal information protection compliance technology,Its theoretical support is the cooperative governance theory,regulation theory and risk prevention and control theory.The criminal risk of infringing personal information in China is the risk caused by the poor management of the network platform and the potential criminal risk in its operation process.At present,our country issued various laws and regulations in the form of coercive force to promote the network platform enterprises to establish criminal compliance system,some Internet companies established prior compliance control mechanism,some established the afterwards compliance control mechanism,of course,there are some problems,mainly including compliance established lack of unified standards,compliance plan,staff compliance consciousness and compliance cost is not high,the author thinks that should be to solve the platform economic practical difficulties to promote enterprise construction has its own characteristics of compliance plan,and flexible risk to form a set of dynamic balance prevention and control mechanism.Network platform infringement of personal information criminal risk compliance plan shall include according to their own business characteristics set unique prevention and control content,compliance culture,independent and professional management team and effective review mechanism,and through the establishment of external supervision and internal enterprises through compliance training,person protection and rewards and punishments,regularly release social responsibility report system of the implementation of the mechanism and safeguard mechanism to ensure that network platform infringement of personal information compliance effect of criminal risk prevention and control countermeasures. |
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