Recently, the personal information leakage of 400000 customers of Yuantong Express has continued to ferment, and the protection of personal information has once again become the focus of attention. After the user information is leaked, a lot of information flows into the hands of criminals engaged in fraud activities. Users whose information is leaked have become "prey", and the loss is not only property, but also personal safety. After the information leakage incident, the enterprise should take more responsibilities and less "throw the pot". All parties should work together to protect the user's information, so as to win the trust of users. Only in this way can the enterprise have a future.
1、 Personal information and e-commerce
（1） Personal information
What is "personal information"? There are terms such as "private information" and "personal data information" in the academic world. Although there are differences in the expression of various terms, their meanings are roughly the same. "Information" refers to the content that can be provided for human use after data processing. Personal information not only refers to the data stored in the form of text, but also includes all other data information that can be used to identify individuals, including but not limited to: identity information, family and social relations, professional experience, personal health status and other information. In China, article 1034 of the civil code also clearly defines personal information, which plays a great role in defining personal information and protecting personal information.
（2） E-commerce
Modern information technology has widely penetrated into people's lives and production, and has changed the social environment in which human beings live. Modern information technology will bring new opportunities for economic development, the most important of which is the emergence and development of e-commerce. As for the meaning of e-commerce, the academic circles also hold their own opinions. Some scholars believe that e-commerce can be divided into narrow and broad e-commerce. "E-commerce in a narrow sense refers to commercial activities conducted through electronic acts". China promulgated the e-commerce law in 2018. The second paragraph of Article 2 of the law explains the meaning of e-commerce. The above narrow sense of e-commerce is basically the same as the meaning of e-commerce in the e-commerce law.
（3） The significance of protecting personal information in the context of e-commerce
With the rapid development of information technology, personal information is highly digitized and networked, which brings great difficulties to the protection of personal information, and makes the behavior of infringing personal information low-cost, hidden and harmful. This requires us to clarify the importance of protecting personal information in the era of e-commerce.
1. It is necessary to protect individual rights. In the face of a huge amount of personal information, with the rapid development of the Internet, it is easy to draw a full picture of a person and even master all his whereabouts through big data analysis. With the development of big data, each of us is a walking transparent person. Your financial information, medical information and other important information are stored in various apps and collected by relevant enterprises. Therefore, we need to strengthen the protection of personal information and strictly restrict those subjects who hold our personal information, including but not limited to the government and enterprises; We must formulate more strict systems for the collection, use and protection of personal information to protect our personal information.
2. It is conducive to promoting the free flow of information. Protecting personal information is not only to protect the rights of individuals. In the era of rapid development of big data and artificial intelligence, data is wealth, and personal information has great commercial value. At present, many businesses and enterprises use big data analysis and accurate push to promote products, which greatly improves the probability of transaction. Moreover, the free flow of information is conducive to reducing the transaction costs of market players and promoting commercial trade facilitation.
3. It is conducive to the healthy development of e-commerce in China. In online transactions, consumers' personal information is often collected by businesses with or without knowledge, and consumers are in a passive and unfavorable situation. If we do not strengthen the protection of personal information, it will inhibit consumers' enthusiasm for online shopping and hinder the healthy development of e-commerce in China to a certain extent.
4. It is necessary to further deepen international economic cooperation and promote opening up. Faced with the prevalence of unilateralism and trade protectionism in the international community. The meeting of the Political Bureau of the CPC Central Committee held on July 30, 2020 pointed out that the current economic situation is still complex and grim, with great instability and uncertainty. Many of the problems we encounter are medium - and long-term. We must understand them from the perspective of protracted war, and accelerate the formation of a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles promoting each other. China is actively advocating the new development pattern of the "the Belt and Road", with many countries in the world participating in it; The recent signing of the regional comprehensive economic partnership agreement (RCEP) marks the official launch of the free trade zone with the largest population, the largest economic and trade scale and the greatest development potential in the world.
With the development of science and technology, countries in the world will be more closely linked, the level of international trade will be further improved, and the development will be more rapid. "At present, more than 50 countries in the world have formulated personal information (data) protection laws, especially in European countries. The protection of personal information of European citizens has been extended to transit data flows." However, the level of personal information protection in China has not reached this standard, which will not be conducive to the development of China's international trade with Europe, and will also put Chinese enterprises in a disadvantageous position in international competition.
2、 Current situation of personal information protection in the context of e-commerce
Globally, in the past 2019, large-scale data leakage incidents occurred frequently, showing an increasing trend of outbreaks. The current security situation of data is still not optimistic. According to the Q3 2019 report of security intelligence provider riskbasedsecurity (RBS), from January 1, 2019 to September 30, 2019, 5183 data leakage events were disclosed globally, and the amount of leaked data reached 7.995 billion records. In order to show the trend, RBS listed the data leakage in the previous 7 years. From the perspective of the number of data leakage events, the overall trend is increasing. Among them, the number of leakage events in 2019 (5183) increased by 33.3% compared with that in 2018 (3886). The data leakage of Yuantong Express is only the tip of the iceberg. According to Yong'an online data asset leakage monitoring platform, since its official operation in 2018, more than 70000 data asset leakage risk events have been found, involving securities, banking, insurance, e-commerce, social networking, express delivery, short video, government, education and other industries in life. Among them, 787 data asset leakage risk events were found in the express industry, accounting for 1.1%; It involves domestic express companies including SF, Yuantong, Zhongtong, Shentong, Yunda, EMS, Debon and so on. Among them, there were 72 risk events involving Yuantong, accounting for 9.1%, and the total amount of leaked data reached 1 billion, including 100 million personal privacy data including name, telephone, address and other information. From this, we can see that the express industry has always been in the disaster area of data asset leakage, and cases of infringement on personal information often occur, and show the characteristics of large amount of information, strong concealment, and great harm. Therefore, we need to further improve our personal information legislation, strengthen supervision, and form a huge joint force to protect personal information.
3、 Personal information protection legislation in China
The smooth progress of e-commerce activities can not be separated from all kinds of information, including personal information, and with the development of information technology, the digitalization and networking of materials; This brings a lot of convenience to the development of e-commerce. However, in the network era, the highly digitized and networked personal information has also caused great difficulties to the protection of personal information. Similar to the above cases, various cases of infringement of personal information emerge in endlessly. Up to now, China has not promulgated any laws specifically protecting personal information. The content on personal information protection is scattered in relevant laws and judicial interpretations. Article 111 of China's civil code clearly stipulates that personal information is protected by law; Moreover, the special chapter stipulates "privacy and personal information protection", which not only defines the meaning of personal information, but also stipulates the obligations of information processors and the confidentiality obligations of relevant state organs and organizations. The criminal law of the people's Republic of China amended in 2017 stipulates the crime of infringing on citizens' personal information. In 2017, the Supreme People's court and the Supreme People's Court issued the interpretation on Several Issues concerning the application of laws in handling criminal cases of infringing citizens' personal information. This is of great significance for punishing crimes of infringing on citizens' personal information according to law, protecting citizens' personal information security and legitimate rights and interests, and accurately applying the criminal law. From the above, it is not difficult to see that there are defects in the level of personal information legislation in China: lack of special legislation, absence of relevant subjects and blank compensation mechanism. Because of these defects, it is not conducive to the protection of personal information.
4、 Measures to strengthen personal information protection in the context of e-commerce
（1） Improve personal information legislation and form a protection system
Although there are many provisions on personal information in the relevant laws of China, the protection of personal information has been significantly strengthened in recent years. However, there is still no special law to protect personal information in China so far, and the relevant protection measures are scattered in the constitution, criminal law, electronic commerce law and other laws and regulations as well as judicial interpretations. This is not conducive to the protection of personal information, and there is a lack of practical provisions on which information belongs to personal information, which information can be reasonably used, and the collection, management, application and storage of personal information. There is an urgent need for a special law to regulate the relevant issues such as how to investigate the improper use of personal information, and play a leading role in the field of personal information protection, forming a pattern of "big protection, fast protection and strict protection" for personal information.
（2） Improving network supervision we are in the tide of the third information revolution. The large-scale application of information technology and the rapid development of the network make it more difficult to regulate the network. At the same time, the physical supervision of the traditional logistics industry is also difficult to apply to the network environment. This requires us to protect personal information in the virtual environment, and we need to take new measures and invest more protection efforts and intensity. On the one hand, in the field of e-commerce, special logistics supervision departments should be established; Different from the traditional supervision department, the specialized logistics supervision department has the professional knowledge of e-commerce, which can better serve the special logistics supervision department of the network, and is more conducive to the protection of personal information; On the other hand, it is necessary to formulate an emergency plan for information leakage under the network environment; Establish a personal information early warning safety line, regularly evaluate the information situation in the logistics field, and take relevant measures in time to prevent and avoid the leakage of personal information according to the procedures of the emergency plan in case of early warning; When personal information leakage has occurred, it is necessary to report to relevant departments immediately according to the procedures of the emergency plan and take relevant measures to minimize the loss.
（3） Establish industry self-discipline mechanism
External supervision of the industry is only one aspect, and strengthening the internal data management mechanism of the enterprise is the root of the problem. On the one hand, it is necessary to clarify the main responsibilities of e-commerce logistics enterprises; E-commerce logistics enterprises, as the main body of personal information collection, management, storage and application, must establish a sound personal information protection system, and take the personal information protection status as an important indicator to assess the business level of e-commerce logistics enterprises. They also need to perform corresponding prompt and review obligations, and remind customers to pay attention to the privacy policy and important clauses involving personal information; On the other hand, e-commerce logistics enterprises should strengthen the background investigation of employees, improve the entry threshold of logistics enterprise employees, build a good credit system, and avoid the possibility of infringing on users' personal information from their own perspective.
（4） Using technical means
"As we all know, many experts are now committed to the research and development of advanced technologies, and have achieved relatively good results. In the era of e-commerce, we also need to follow the trend of the times." Nowadays, with the rapid development of information technology and its wide application in industry, the protection of personal information is in urgent need of technical means. For example, it encrypts personal information, establishes multi-layer defense measures for personal information databases, and uses artificial intelligence to strengthen the normal supervision of all fields of logistics.
（5） Establish compensation mechanism
Our current legislation on personal information, after personal information is infringed, the legal responsibility is mainly administrative responsibility and criminal responsibility, but there are few provisions on the compensation of the infringed. At present, illegal collection of a large number of citizens' personal information and use of the information for commercial purposes are the normal practices of infringing on citizens' personal information. Therefore, it is necessary to establish a perfect civil compensation system to compensate the victim and the infringed within the limits of the infringer's profits or the victim's losses. In order to better protect personal information, punitive compensation mechanism should be provided for serious and harmful infringement.