中国个人信息保护法下的企业责任浅析

With the development of the network economy, personal information protection has become one of the most concerned interests of the public. As the basic law in the field of personal information protection, the Personal Information Protection Law of the People's Republic of China (hereinafter referred to as the Personal Information Protection Law) came into force on November 1, 2021. This shows that China's personal information security will face further regulation, and the protection of personal information will be raised to a new level. The Personal Information Protection Law clarifies the definition of “personal information”: that is, “personal information is all kinds of information related to identified or identifiable natural persons recorded electronically or otherwise, excluding anonymized information.” In the era of digital economy, data information contains the imagination space of huge economic benefits, which is a significant feature of data information as an important factor of production. All kinds of enterprises that pursue economic interests have a strong internal drive to collect, process and use all kinds of personal information. This kind of interest drive is reflected in real life, that is, some enterprises and institutions, starting from commercial interests, collect, illegally obtain, overuse, illegally trade and trade personal information at will, and use personal information to disturb people's life and endanger people's life, health and property safety. The Personal Information Protection Law fully stipulates the obligations and responsibilities of enterprises as personal information processors, and puts forward clear compliance requirements. It is clear that any enterprise should improve the compliance of personal information protection, combine the red line of compliance stipulated by law, examine its own business related to personal information processing, and actively respond to personal information protection compliance. It is necessary to standardize the daily personal information processing activities of enterprises from the front end of personal information processing, and impose stricter legal obligations to prevent enterprise information processing activities. Formulate the internal management system and operating rules of the enterprise, pay attention to relevant laws and regulations, and assume relevant responsibilities to avoid relevant risks. The Personal Information Protection Law sets the legal obligations of enterprises and others to comply with personal information processing activities, which reflects the gradual improvement of China's social governance methods, and also highlights the trend of increasingly complete and accelerating enterprise compliance construction. From a global perspective, this move not only conforms to the trend of global enterprises to strengthen compliance, but also points out the direction for the future development of enterprises.