| Due to the rapid development of science and technology and the globalization of the world economy,the issuance of fiat digital currency is being explored around the world.At the same time,China’s legal digital currency work has also been put on the agenda.Now,the basic top-level design,functional research and development and other underlying technology work has been deployed,and piloted in Beijing,Tianjin,Shanghai and other developed areas.In short,the so-called legal digital currency is a bookkeeping tool launched by the central Bank and backed by national credit,using block chain as the technical support,with controllable anonymity,legal compensation,programmable,RMB equivalence and other characteristics of recording transactions.Legal digital currency is exists in a specific network space level data chain,so different from the traditional legal currency complete anonymity,legal digital currency through data chain and account loose coupling its controllable anonymity,but because of its instability of cyberspace,legal digital currency account contains personal information still exists the risk of leakage.Based on the fact that the issuance of legal digital currency in China is still in its initial stage and the absence of rules for the protection of personal information in specialized fields,the existing rules of the Civil Code,Personal Information Protection Law and other rules are unable to effectively protect the personal information in the circulation of digital currency.This thesis is through the basic theory of legal digital currency,characteristics and the analysis of personal information protection legislation,based on the existing personal data protection rules in the field of legal digital currency circulation applicable problems and the necessity of protection,in the analysis of personal information protection rules under the framework of digital currency operation,trying to improve the personal information protection rules legislation to solve the problem.In addition,this article also around the personal information protection rules targeted put forward the perfect told consent rules,clear personal information property properties and ownership,classification to achieve controllable anonymous,strictly limit anonymous information secondary identification,strengthen the regulatory main body responsibility,build continuous disclosure mechanism of six aspects of perfect Suggestions.The main text of this article is divided into five parts.The first part is the analysis and combing of the definition,characteristics,operational framework and personal information definition,classification and legislative status quo of legal digital currency.By discussing the particularity and importance of the protection of personal information in the legal digital currency in China,the basic theoretical work and subject value are discussed for the following article.In the second part,the application of China’s personal information protection rules under the operation framework of digital currency provides a framework for the application of the personal information protection rules in the circulation of digital currency.The third part analyzes the application dilemma of personal information protection rules in the field of personal information protection of legal digital currency.The fourth part studies the application practice of personal information protection rules in the EU and the US legislation,in order to learn from the experience and provide inspiration for improving the personal information protection rules in the circulation of legal digital currency.In the fifth part of the first five parts,the four aspects of clarifying the property attribute and ownership of personal information,improving the consent rules,strictly restricting the secondary identification of anonymous information,and weighing the balance of digital currency transaction security and information protection.In addition,the focus will be on improving the consent rules,and solving the dilemma of our informed consent rules by constructing the hierarchical level of consent authorization,introducing the dynamic evaluation system of the risk and scenario,and granting the information subject the right to withdraw consent. |
