On The Legal Protection Of Sensitive Personal Information Under Personalized Recommendation

With the continuous development of network technology,people have more and more ways to receive information.How to capture the most interesting part of users in a timely and effective manner in massive information and improve the interaction between application software and users has become the focus of various software research and development.At present,most of the application software adopt the personalized recommendation mechanism,that is,intelligently analyze user preferences by collecting and processing local information,historical records,and time spent on videos and web pages,and then push personalized content according to the different preferences of each user.However,people’s preferences are not permanent.With the passage of time,people’s preferences will continue to change.In this case,in order to achieve more accurate push,the personalized recommendation mechanism needs to continuously collect personal information and timely obtain user preferences.These personal information are often mixed with many sensitive information that users do not want to be known to outsiders.Sensitive personal information is the information that has the closest contact with individuals and is the most core part of personal information.If this part of information is not properly protected,it will cause personal and property damage to users,and even pose a threat to national security.Therefore,how to protect the security of sensitive personal information under the personalized recommendation mechanism has become the focus of our attention.China has successively issued provisions such as the Data Security Law,the Network Security Law,the Information Security Technology-Personal Information Security Specification and the Personal Information Protection Law of the People’s Republic of China,which have improved the protection of personal information.However,we can see that there are still some weak links in the practice of personal information protection.Based on this,this paper discusses the legal measures to protect sensitive personal information more effectively under the personalized recommendation mechanism.This article is divided into five parts.The first part gives a brief overview of personalized recommendation mechanism and sensitive personal information,specifically including the meaning of personalized recommendation and personalized recommendation system.Through sorting out the privacy guidelines of three different types of application software,it discusses the collection and utilization of sensitive personal information by personalized recommendation mechanism;At the same time,analyze the meaning,category,definition and legal attribute of sensitive personal information;The second part discusses the risks brought by personalized recommendation to sensitive personal information and the necessity to protect it.Personal information does not have complete anonymity and de-identification.At the same time,the existing risks and reasons are analyzed;The third part discusses the evolution,current situation and problems of personalized recommendation sensitive information protection in China;The fourth part is a comparative analysis of the legislation on the protection of sensitive information of personalized recommendation in foreign countries,including the General Data Protection Regulation of the European Union,the California Consumer Privacy Act of the United States and the relevant information protection provisions of Japan and Germany.The provisions on the protection of sensitive personal information in various countries are analyzed in terms of personal information categories,rights remedies,operator responsibilities,etc;The fifth part,based on the experience of other countries,puts forward some suggestions to improve the protection of personalized recommendation sensitive information in China: Firstly,improve the privacy clause and the principle of informed consent,and adopt a more prominent form in the way of notification;Secondly,in terms of the definition and judgment of sensitive information,we can combine the scene theory to define sensitive personal information,and interpret the specific purpose and sufficiency and necessity;Thirdly,in terms of potential information leakage,enterprises should establish a full-time department to ensure information security,and at the same time,improve the corresponding relief mechanism to ensure that users’ rights and interests are effectively relieved;Finally,while protecting information security,we should also promote the flow of data.