论微商交易中消费者隐私权的保护

On protection of privacy right of consumer in transaction of Wechat business

近年来,微信的出现逐渐改变了传统的社交模式,成为人们日常沟通的主流平台。与此同时,借助微信朋友圈庞大的受众群,微商的迅猛发展也受到越来越多的关注。然而,正处于起步阶段的微商缺乏统一的监管,导致市场混乱,消费者维权困难。这一市场充斥的劣质商品不仅侵害消费者的知情权与求偿权,一些不法商家为扩大产品宣传盗取买卖个人信息的行为,也对消费者隐私权保护构成严重威胁。由于立法难度大、程序复杂,目前尚没有专门规制微商等网络购物平台的法律。完善对微商等网络购物平台的监督机制,督促其改进技术和管理,并促进行业自律协会形成,是目前规制微商侵权、保护消费者合法权益的有效手段。

In recent years, the emergence of Wechat has gradually changed the mode of traditional social interaction, and Wechat has become a mainstream platform of daily communication of people. Meanwhile, by utilizinging the large audience of Wechat friend circle, the rapid development of Wechat business attracts more and more attention. However, the lack of unified supervision of Wechat business which is in its initial stage leads to market disorder and the great difficulty for consumers to protect their own rights. The goods with inferior quality flooded in this market not only violate the rights for consumers to know and to claim, but also threat the protection of privacy rights of consumers seriously by the behaviors of some illegal merchants who steal and trade personal information for their expansion of product propaganda. Due to the difficulty and the complex procedure of legislation, there are no laws regulating Wechat business and other internet shopping. To perfect the supervision mechanism of Wechat business and other internet shopping platforms, promote the improvement of technology and management, and promote the establishment of trade self-discipline associations are effective means to regulate the infringement of Wechat business and protect the legal rights and interests of consumers nowadays.