The Protection of Personal Information Rights and Interests of Citizens in the Digital Era Faces New Risks. Beijing Internet Court's Analysis of the Trial of Personal Information Protection Cases
2023-12-22
In the digital age, the protection of citizens' personal information rights and interests is facing new risks and challenges. How to strengthen the protection of personal information in cyberspace has received high attention from the whole society, as user profile information is subject to mandatory collection, mobile phone numbers are leaked, and sales calls are frequently received. On the occasion of the second anniversary of the implementation of China's Personal Information Protection Law, a reporter from the Rule of Law Daily visited the Beijing Internet Court for an interview on this issue. "As a new type of rights, the parties involved have different understandings of the connotation and boundaries of personal information rights, and their ability to understand professional legal provisions is often insufficient." Zhao Ruigang, Vice President of the Beijing Internet Court, said that in personal information protection litigation, the weak litigation and evidentiary abilities of rights holders are a major challenge in protecting personal information rights. In this regard, the Beijing Internet Court calls for the prompt introduction of judicial interpretations to clarify the specific application standards of the Civil Code and the Personal Information Protection Law, strengthen the construction of a compliance system for personal information processing, and suggest that relevant departments popularize remedies for personal information rights protection to reduce the cost of rights protection. The dispute is concentrated on the internet platform. "The app requires me to fill in my name, occupation, learning purpose, English level, and other content in order to complete the login." Luo believes that this is a mandatory collection of user profile information, so he sued a technology company that operates the app to the court. After the trial by the Beijing Internet Court, it was found that the failure of the app operator to provide options such as skipping or rejecting when setting up the relevant personal information collection interface on the first login page constitutes a mandatory collection of the plaintiff's personal information and does not have the effect of obtaining valid authorization consent, constituting infringement. Based on this, the court ruled that the defendant provided the plaintiff with a copy of personal information, stopped infringement, deleted personal information, apologized and compensated the plaintiff with a loss of 2900 yuan. Zhao Ruigang introduced that from September 2018 to September 2023, the Beijing Internet Court accepted a total of 58 cases related to personal information protection. Disputes were concentrated on internet platforms, with internet companies as the main defendants. The types and forms of infringement of personal information involved in lawsuits were diverse, and related disputes covered many industries and fields such as social networking, e-commerce, finance, mobile office, and online education. "Some financial companies have been accused of information leakage, causing users to suffer from telecommunications fraud; some e-commerce platforms have been accused of frequently making phone calls to users, improperly using or leaking personal information." Zhao Ruigang said that these situations all reflect the frequent personal information processing activities in the digital age, and the scenarios that trigger personal information disputes involve many fields of the digital economy. After investigating relevant cases, the Beijing Internet Court found that the types of personal information involved in the lawsuit include not only mobile phone numbers, ID number, whereabouts information, etc. listed in laws and regulations, but also a large number of information not explicitly listed in laws, such as video browsing records, career information, transaction information, location information, etc., as well as sensitive personal information, such as face information. At the same time, personal information processing exhibits the characteristic of integrating multiple subjects and forms, both online and offline. For example, some companies engage in offline collection, online processing, mixed processing of multiple entities both offline and online, and joint processing by affiliated enterprises. In addition, with the popularization of the law and personal protection
Edit:Wangchen Responsible editor:Jia Jia
Source:http://www.legaldaily.com.cn
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