April 29, by the National Internet Information Office, the Ministry of Industry and Information Technology, the Ministry of Public Security, the General Administration of Market Supervision, four departments jointly issued the common types of mobile Internet applications necessary personal information scope of the provisions (hereinafter referred to as the "Provisions"), will be formally implemented on May 1st. Recently, the National Internet Information Office Network Data Management Bureau of the relevant person in charge of the "provisions" of the relevant issues to answer reporters.
In the background and impact of the provisions of the introduction of related issues, the person in charge said: App over the scope of the collection of personal information, mandatory authorization, excessive demand for the right to a large number of phenomena, illegal and illegal use of personal information is very prominent, the majority of Internet users reflect this strongly.
In order to regulate the collection of personal information App behavior, to solve the current over the scope of the collection, mandatory authorization and other prominent issues, the four departments jointly formulated the introduction of the "provisions".
The regulations specify 39 categories of common apps, covering the main aspects of daily life such as clothing, food, housing, transportation, learning and work, basically covering the current netizen's general demand. At the same time, in view of the current trend of new technologies, new applications illegal collection and use of personal information, based on the current and long-term combination of small programs, pre-programmed software, etc. are included in the scope of management.
"Regulations" in the clear App basic function services and the scope of essential personal information, based on clear requirements App operators shall not be due to the user does not agree to collect non-essential personal information, and refuse to allow users to use their basic function services. The Regulations safeguard the normal operation of the App, and at the same time protect the user's right to use the App's basic functional services, as well as the right to know and decide on the collection and use of non-essential personal information.
App operators should, in accordance with the requirements of the Regulations, check the basic functions of apps and the scope of essential personal information, and carry out self-examination of the collection and use of personal information by the apps they operate by May 1, and make corrections in a timely manner to those that do not meet the requirements of the Regulations.
After the implementation of the Regulations, app stores and other distribution platforms should review the apps that apply for listing in accordance with the Regulations, and those that do not meet the requirements of the Regulations should not be listed; and those that have been listed should be reviewed and those that do not meet the requirements of the Regulations should be removed from the shelves.
The relevant departments shall, in accordance with the requirements of the Regulations, strengthen the supervision and inspection of app operators and distribution platforms such as app stores, investigate and deal with the illegal collection and use of personal information in a timely manner, and effectively safeguard the legitimate rights and interests of citizens in cyberspace.
The Regulations make it clear that necessary personal information can be collected to ensure the normal operation of the App's basic functions and services, and that users should not be denied access to non-essential personal information because they do not agree to provide it, thus scientifically balancing the protection of personal information with the promotion of the development and application of the App. The introduction of the Regulations will not affect the development and application of apps, and effectively regulating the collection and use of personal information by apps is conducive to promoting the healthy development of apps.
In addition to the application software of mobile smart terminals, the provisions of the clear small program belongs to the scope of the "APP", the small program operators also need to follow the law to regulate the collection of personal information of users. The first step in the process is to make sure that you have the right information for the right reasons. Further from the practical understanding, it can be understood that the personal information provided by the user to the APP is objectively necessary for the conclusion or fulfillment of the contract between the two parties, and this type of information belongs to the "necessary personal information". At the same time, the regulations also specify 39 categories of common types of APP's basic functional services and necessary personal information.
(Netizen note: the picture is Chu Xia lawyer)
Chu Xia said, the "provisions" clearly, APP shall not be denied access to its basic functions because the user does not agree to provide non-essential personal information. For example, according to the Regulations, the basic function of the map navigation APP services for "positioning and navigation", the necessary personal information for the "location information, starting point, destination", if beyond the scope of the aforementioned necessary personal information, the APP is non-essential personal information. If you do not provide this kind of non-essential information, the APP can not refuse to provide users with "positioning and navigation" services.
Data Ready is a tool that allows users to easily and intuitively access and control their personal data through a web browser. For example, in the case of DDT, the user version is the consumer side, and the driver version is the supply side. It is understood that if the user is the end consumer, then the user's personal information is the consumer side.
Low cost and lack of supervision is one of the reasons why the APP infringement of personal information
In recent years, information leakage incidents have occurred repeatedly, and the App excessive request for authorization is one of the triggers of the leakage of personal information. 2020, the Ministry of Industry and Information Technology App infringement of the rights and interests of the users of the special rectification action of the deepening of the advancement of the action, as of December 2020
And last year, the Ministry of Industry and Information Technology notified the community of the existence of seven batches of infringement of the rights and interests of users APP enterprise list. In the previous seven batches of problems in the application software list, involving e-commerce online shopping APP are: Liangpin Puzi, have Zan selected, hundred fruit garden, chain Tao, wake up purchase, only generation purchase, red cloth, don't kind of overseas purchase, clothes bang people, nautical duty-free store, micro store, beautiful say, nautical duty-free store, dangdang, store store small store merchants, aigoo have type, fold 800, honey source, tao coupon bar, temple luxury, etc..
Mobile travel APP are: e DaiDi, DingTa travel, DongFeng travel, T3 travel, Wukong rent a car, fast dog taxi, bee travel, rent car, Hui rent a car, MoFan travel, PanDa car, Panda travel and so on.
Online education APPs include: NetEase Open Class, Wisdom Tree, ClassIn, TutorABC, NanoBox, Lexue College Entrance Exam, Onion Academy, Little Box Parents, Little Box Students, LeTeachingLearning, Caiyun Little Translator, Ulu Education, Jiji Teaching & Learning, Xuebao, Simple Classroom, and so on.
Internet medical APP: 1 medicine network, good doctor, new oxygen medical beauty, 39 Internet hospital.
Art auction APP: play things to get Zhi, micro auction hall treasure version, every day treasure appreciation, etc..
Automotive e-commerce APPs: Guazi second-hand car, easy car, group oil, etc.
Internet Recruitment APP: shopkeeper direct recruitment, quick hire 58 Catchup recruitment and so on.
Internet finance APP have: goose spend money, gas treasure, chanting, borrowing money to spend it, easy to raise money and so on.
Long-term rental apartment APP: Qingke rental, eggshell apartments, ants short-term rental, shell network and so on.
Marriage and dating platform APP: Century Jiayuan, rose dating dating, dating single, etc.
Marriage and dating platform APP: Century Jiayuan, rose dating, dating single.
Fang Yi Zhi, assistant analyst at the Legal Rights Department of the E-Commerce Research Center, believes that firstly, the low cost of the crime and the lack of conviction and supervision have led to the repeated violation of personal information; secondly, from the perspective of the behavior itself, the violation of personal information is often only necessary to operate on the network, you can reach a deal to make a profit, and the simplicity of the illegal behavior as well as the high return rate also makes the phenomenon difficult to root. The company's goal is to provide the best possible service to its customers.
At the same time, Chu Xia, a lawyer, also said, demand and supply are relative, the infringement of personal information is also based on market demand.
The bilateral effect of the Internet and the front-end free back-end fee model, to a certain extent, contributed to the infringement of personal information behavior. Although the gradual improvement of the process of the legal system and multi-party governance, so that the infringement of personal information in recent years has been effectively controlled. However, based on the diversity of real-world situations and the rapid development of the Internet in China, it is inevitable that violations of personal information will continue. In addition, citizens' awareness of the protection of personal information has gradually increased from "no perception" and "no care" to "more attention", and they are actively defending their rights in accordance with the law. For example, the face recognition case provides a good example of how citizens can protect their personal information from being infringed upon.
(Netherspoon's note: the picture shows lawyer Dong Yi Zhi)
"The leakage of users' personal information is not just a problem for each of us as individual users, but has even become a global problem." Nethersole e-commerce research center special researcher, Shanghai Zhengze Law Firm lawyer Dong Yi Zhi has said, user personal information leakage, on the one hand, is due to the platform's own shortcomings in user information security, resulting in the leakage of customer information, which is caused by the platform's lack of investment and technical capabilities. Each platform should improve user information security as the highest mission, and even one of the most ultimate goals of the service.