Research On Legal Regulation Of Personal Information Infringement In Mobile Payment

In the context of the rapid development of the Internet economy,different from traditional payment methods,mobile payment has greatly changed people’s traditional payment methods due to its high efficiency and convenience,and broken through the limitations of regions,platforms,forms,time differences and deadlines.In the era of the digital economy,the essence of business competition is the competition of information resources,but how to better balance the relationship between interests and risks,reduce the occurrence of infringement incidents and remedy the damage caused by infringement must be solved under the development of the times.At present,the following problems still exist: under the background of the promulgation of the new "Personal Information Protection Law",the legal regulation of personal information in mobile payment is still insufficient,and the rights of personal information have not been clearly defined.In addition,the indirect personal information identification mechanism in mobile payment is not perfect;in the aspect of personal information infringement supervision in mobile payment,there are unclear responsibilities of the subject of personal information infringement supervision in mobile payment,and the content of supervision is not clear.Perfect,lack of neutral third-party regulators,insufficient internal self-discipline in the mobile payment industry,low security of personal information stored on the platform in mobile payment;Insufficient compensation for personal information infringement in payment and imperfect litigation mechanism for personal information infringement in mobile payment.In view of the above problems,China should strengthen the legal regulation of personal information infringement in mobile payment from the following aspects.First,it is necessary to improve the relevant laws and regulations in mobile payment,clarify the right to personal information,and then improve the right to decide on personal information in mobile payment;change the collection mode of personal information under the informed consent rule in mobile payment;and improve the indirect identification mechanism of personal information in mobile payment.Second,improve the personal information supervision and management system in mobile payment,clarify the responsibilities and content of regulatory entities;strengthen selfdiscipline in the mobile payment industry;and introduce neutral tripartite regulatory agencies;adopt new regulatory techniques and tools.Third,increase the remedies for personal information infringement in mobile payment;apply the principle of diversified attribution of responsibility to determine infringement liability;increase compensation for personal information infringement damages in mobile payment;and improve the litigation mechanism for personal information infringement in mobile payment.Through the above measures,we can not only promote the better development of mobile payment,but also better protect personal information from improper collection and utilization.