Research on Protection of Consumer Personal Information From the Perspective of Consumer Protection Law

Abstract

China released Consumer Protection Law in 1993 and firstly included provisions about protection of personal information in Consumer Protection Law in 2013. However, the punishment provisions since enterprises abuse consumer personal information are not incorporated. Organization for Economic Cooperation Development passed Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and then 34 countries released regulations about protection of consumer personal information except China. As the results of a lack of laws to protect consumer personal information, the cases concerned abuse and leakage of consumer personal information happen frequently. In addition, illegal trade of consumer personal information emerged in China. A survey about awareness of consumer rights shows that 53.2% of respondents regarded abuse and leakage of personal information as the most common torts in their daily life, conducted in Weihai, China, 2015. Another survey concerned safety of consumer personal information conducted in Shanghai, indicates that 99% of respondents have received anonymous phone calls or messages about goods promotions, and 65% of respondents get disturbed in their work or life by these messages. The Protection of Consumer Law in China incorporates drawbacks: vague definite of personal information, indefinite consumer right and responsibility of enterprise, incomplete punishment due to tort of abuse of personal information. Corresponding advice is proposed in this paper.