Research On The Civil Law Protection Of Network Trace Information

Network trace information refers to the collection of information retained by users’ online behavior activities,which can reflect the user’s behavior characteristics,interests and hobbies,etc.,including but not limited to geographical location information,browsing records,and social dynamic information.It is of great significance to explore the civil law protection of network trace information against the background of the current situation of irregular handling of network trace information,the inconsistent adjudication of network trace information disputes in judicial practice,and the different modes of protection of network trace information outside the region.The protection of network trace information has the problems of unclear positioning in civil law,limitations in the rules of notification and consent,and imperfect regulation of abusive algorithms.In view of the above problems,the solution is as follows: First,with reference to the views of scholars,the trend of judicial adjudication and extraterritorial legislative experience,network trace information should be included in the scope of personal information,and We Chat friendship relationship,geographical location positioning and other types of network trace information have privacy attributes.Second,the limitations of the notification consent rule can be adjusted by adjusting the relationship between the information processor and the user,from the empowerment relationship of the contract law to the fiduciary relationship;at the same time,the applicable boundary of the consent rule is clearly informed,and the network trace information is divided into separately identified information and the information combined with the identification by whether it contains a direct identifier,and the information processor needs to inform the user and seek consent when processing the network trace information that is separately identified;in addition,the exception to the notification consent rule is added,and the legal interest exemption mechanism is introduced.Increase flexibility in the application of this rule.Third,with reference to the algorithm interpretation system of the European Union and the Algorithm Accountability System of the United States,establish the principles that information processors should follow in the process of automated decision-making,and refine the specific rules of automated decision-making behavior,such as clarifying the applicable conditions and content of the algorithmic interpretation right,improving the regulatory process and informed mechanism of risk assessment,and establishing a data broker system.