Regulation of Privacy Policies: A Perspective from Public Law Protection of Personal Information

Xiangrui Zhao

doi:10.62051/ijsspa.v8n1.09

Authors

Xiangrui Zhao

DOI:

https://doi.org/10.62051/ijsspa.v8n1.09

Keywords:

Privacy Policy, Personal Information Protection, Self-Regulation, Government Regulation

Abstract

Online platforms process personal data through privacy policies while pledging to protect users' personal information. Although derived from traditional privacy concepts, privacy policies differ significantly in nature-personal information protection carries stronger public law attributes, rendering privacy policies primarily compliance instruments that should integrate both self-regulation and government regulation approaches. With the rapid expansion of platforms' private power, privacy policies, despite their enhanced role, have exhibited alienating effects: failures in self-regulation, erosion of user rights, and circumvention of governmental oversight. To address these issues, a meta-regulatory approach is imperative, requiring tripartite collaboration among platforms, users, and regulatory authorities to refine privacy policy frameworks.

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References

[1] Chengfeng Yu, “The Rise of Platform Media: Paradigms and Paradoxes of Privacy Protection”, Oriental Law, No. 5, pp. 75, 2024.

[2] Hanhua Zhou, “Parallel or Intersecting: The Relationship Between Personal Information Protection and Privacy Rights”, Peking University Law Journal, Vol. 33, No. 5:pp. 1169, 2021.

[3] Xinbao Zhang, “From Privacy to Personal Information: Rebalancing Interests in Theory and Institutions”, China Legal Science, No. 3, pp. 43, 2015.

[4] Huanxin Luo, “Privacy Policy's Past, Present, and Future: From Contract to Standard to Trust Endorsement”, Nanjing University Law Journal, No. 5, pp. 104, 2023.

[5] Yegang Wang, “Study on the Legal Effect of the Internet Privacy Policy: Centered on Personal information Protection”, Journal of Comparative Law, No, 1, pp 122, 2020.

[6] Bartle, I., & Vass, P, “Self-Regulation Within The Regulatory State: Towards A New Regulatory Paradigm?”, Public Administration, Vol.85, No.4, pp.888-890, 2007.

[7] Djumadi, Abdul Halim Barkatullah, “Does self-regulation provide legal protection and security to e-commerce consumers?”, Electronic Commerce Research and Applications. Vol. 30, July–August, p. 97, 2018.

[8] Song Jin, "Practice Review and Normative Approach of Mobile APP Privacy Policy", Tianjin Legal Science, No. 3, pp. 79, 2024.

[9] Huanxin Luo, “Privacy Policy's Past, Present, and Future: From Contract to Standard to Trust Endorsement”, Nanjing University Law Journal, No. 5, pp. 114, 2023.

[10] Jack M. Balkin, “Information Fiduciaries and the First Amendment”, UC Davis Law Review, Vol. 49, No. 4, pp. 1183, 2016.

[11] Jack M. Balkin, “The Fiduciary Model of Privacy”, Harvard Law Review Forum, Vol. 134, No. 1, pp. 26, 2020.

[12] Siqi Lu, “Application of Information Fiduciary Duty in Platform Organization Under the Theory of Meta-regulation”, Electronics Intellectual Property, No. 5, pp. 17, 2022.

[13] Mengyao Hu, “Theoretical Reflection and Paradigm Reconstruction of Social Self-regulation”, Law Review, No. 6, pp. 42, 2024.