The "Provisions for the Protection of Children's Personal Information Network" released by the National Network Information Office (hereinafter referred to as the "Regulations") will be implemented from October 1, 2019，This is the first departmental regulations for the protection of personal information for children in my country，The legal basis for enriching the right to children's personal information。

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First，Children's personal information is seriously threatened. It is an objective social reality。According to the 2017 Report of the UN Children's Foundation，1/3 of the global Internet users is children，More than 175,000 children's netizens per day。2016，Netizens under the age of 10 in my country have exceeded 18 million，More than 56%of children have "touched the net" before the age of 5。85.2%of the respondents encountered a problem of personal information leak。"Regulations" Article 2 define children as minors under the age of 14，Mainly refer to the division of criminal responsibility for criminal law，People under the age of 14 live up to criminal liability。among minors，Children under the age of 14 are not mature for physical and mental development，Due to cognitive ability、Dangerous recognition ability and self -protection ability are relatively weak，Personal information Once the person who is illegal is used，will lead to serious consequences，Need to be legislated to give special protection。

Second，Although there are legislations of the protection of minors and personal information protection，But the provisions of the protection of children's personal information network are too principle。Article 39 of the Protection Law of the Minor，No organization bet365 Play online games or individual may disclose personal privacy of minors。However, personal privacy is not the same as personal information，Non -privacy personal information cannot be protected by the law。The Decision of the National People's Congress Standing Committee on Strengthening Network Information Protection stipulates that network service providers and other enterprises and institutions are collecting、Basic principles when using personal information。Article 111 of the General Principles of Civil Law stipulates that the personal information of natural persons is protected by law。Collect personal information in the "Network Security Law"、The principles and rules used are specified。Of course, the above provisions are also applicable to children's personal information，but too general，Those who cannot solve the special protection of children's personal information。Therefore，In this context，Specialized rules and regulations for the protection of children's personal information network，It can be implemented and refined the provisions of the current upper position method，Clarify the special rules of children's personal information network protection。

Last，Consensus legislation is in line with the general trend of the international community。Strengthening legislation to children's rights is a common trend in the international community。The Declaration of Children's Rights in 1959 recognizes the "Maximum Principles" of the Protection of Children's Rights as an international guidance principle for protecting children's rights。Internet protection for the right to children's personal information，The most representative of the United States and EU Model。For example，The United States formulated the Children's Online Privacy Protection Law in 1998 (Children ’s Online Privacy Private Private Act, Coppa)，It is the world's first law for children's online privacy protection，It has benchmarking meaning。COPPA is suitable bet365 Play online games for business websites and online services for children under 13 years of age，Detailed regulations of the obligations of network operators and the rights of children's parents。other，Federal Trade Commission as a law enforcement agency, FTC) also introduced rules、Questions and answer list、Enterprise compliance six -step plan and the security port plan that promotes the actual implementation of the industry，To guide children's information protection。Another example，The General Data Protection Regulation implemented by the EU in 2018, GDPR) Article 8 clearly introduces child personal data protection，It is stipulated that children are under 16 years of age，The processing of data is justified if the parents consent or authorized by the parents who have the responsibility of the monitoring are。Data controller should make reasonable efforts，Combined with current technical feasibility，Make sure to obtain the consent or authorization of parents who have the responsibility to take care of their children。Of course，EU regulations are more vague，What is "reasonable effort" "current technology feasibility"，There are a lot of elastic space，Refinement of member states in combination with national conditions，Not as clear as the United States。

Whether it is the United States or the European Union Mode，Special protection of children's personal information network rights through special terms in dedicated legislation or legislation，is the international development trend of the Internet era，my country's regulations are in line with international development trends，closer to mature American mode，It has positive significance。

　　Strict protection, special protection and cooperation governance

First，"Regulations" extended the cycle of the protection of personal information for children。"Network Security Law" only stipulates that network operators are collected、Principles that should be followed by personal information。Regulations Article 7 bet365 live casino games stipulates that online operators are collected、Storage、Use、Transfer、Disclosure of children's personal information，It should follow legitimate necessary、Knowing consent、Delivery、Security protection、Principles used in accordance with the law，The idea of ​​protecting the whole life cycle of personal information。At the same time，Regulations also require network operators to increase human resources from five aspects、material resources、Investment of financial resources，Strict protection of the right to children's personal information。First, formulate specialized personal information protection rules and user protocols for children，and designate a special person to be responsible for the protection of personal information for children。Second is the principle of minimum authorization to the staff，Strictly set information access permissions，Scope of controlling the personal information of children。Third, take measures such as encryption to store personal information for children，Ensure information security。Fourth, when entrusting third -party processing for children's personal information，Safety assessment should be performed，Determine the scope of the commission and the corresponding rights liability。Five is to find that children's personal information occurs or may leak、Destruction、Lost，The emergency plan should be started immediately，Report to the relevant authorities，and inform the affected children and their guardians。

Second，On the one hand，"Regulations" detailed the supervisor's knowledge -agreeing system。Knowledge of the guardian -Agree is the focus of child personal information protection。3842_3871，But the operability is not strong。In practice，The transparency of personal information collection and the agreed "one -piece" agreed to become a prominent problem in the protection of personal information。"Regulations" 9th、10、14 regulations，Network operator bet365 Play online games collection、Use、Transfer、Disclosure of children's personal information，It should be significant、Clear way to inform the child guardian，and obtain the consent of the child guardian，Provide rejection options at the same time; informing the item of substantially changes or it really needs to exceed the agreed purpose、Scope used，The consent of the child guardian should be obtained again。Therefore，Children's guardian explicitly agrees to collect and use the full process of children's personal information。What needs to be pointed out is，The biggest difficulty in the landing of the system is how to identify children、Guarding relationship and the consent of the guardian。If you want to get a comprehensive、Real guardian information，may need to collect ID cards、Hukou Book、birth certificate or even face information，It will pay a large cost and face greater information security risks。How to judge that network operators have already under the existing technical conditions，The obligation to fulfill the knowledge -consent will become a difficult problem for the future law enforcement。

On the other hand，"Regulations" expanded the connotation of children and guardians' correction and deletion rights。The scope of correction rights stipulated in Article 19 is wider than the "Network Security Law"，You can exercise this right in the entire life cycle，not limited to collecting、Storage link。The right to delete in Article 20 adds three new situations from the "Network Security Law": first，Set the scope of the purpose or the necessary period、Storage、Use、Transfer、Disclosure of children's personal information; second，Children's guardian withdraws consent; third，Children or the guardian to terminate the use of products or services through cancellation and other methods，The principle that children should get special protection。

third，Cooperation governance is the government、Society、Enterprise、Citizens and other subjects cooperate bet365 live casino games together to participate in public activities、The process of joint realization of public interest，It is especially necessary in the Internet era。It is designed to design a set of government、Children's guardian、Internet industry organization、The system of the main role of citizens and other subjects。The government should establish a sound report system、Interview system and credit file publicity system。Report is an important source of illegal clues to the regulatory authorities，The regulatory department shall improve the report feedback processing mechanism，and give a certain reward incentive to the reporter。Interviews for timely correcting illegal acts，The communication of strengthening network operators and regulators is positive。"Regulations" to increase the interview subject from the "relevant departments of the people's government at or above the provincial level" to the "National Internet Information Office"，and specifically require network operators to take rectification measures in time as required，Reflect that the country attaches importance to the security of children's personal information。my country is focusing on credit supervision，Standardize market order，Optimize the business environment。The publicity file publicity system is conducive to the construction of the credit system of the whole society，But in the specific implementation process，Pay attention to the means and purpose in the proportion，and give the counterpart legitimate program guarantee。Children's guardians should actively fulfill their supervisors，Education、Guide and protect children。Internet industry organizations shall guide the industry specifications for the protection of personal information protection of children in the Internet operator，Strengthen industry self -discipline。Multi -party co -governance，Multi -tube nap，Form a strict child personal information network protection bet365 best casino games network，Only to effectively protect the right of children's personal information。

　　(Author Unit: Law Department of the School of Political Science and Law of Communication University of China)