Chinese times （www.chinatimes.net.cn） The reporter Ge Aifeng Trainee journalist Guo Haoyi Shenzhen Report
recently , The state cyber information office has released 《 About Tencent mobile housekeeper, etc 84 paragraph APP Notification of illegal collection and use of personal information 》（ Hereinafter referred to as 《 notification 》）, It states that ：36 Safety management APP And 48 Online loans APP Because of illegal collection 、 Use personal information , Give a roll call notification .
《 notification 》 stay “ Job requirements ” It was mentioned in the project that ： For the problems found in the detection , relevant APP The operator shall, as of the date of promulgation of this circular 15 Complete the rectification within working days , And report the rectification to the website information office , Those who fail to complete the rectification within the time limit will be dealt with in accordance with the law .
Reporters comb and discover , Informed of 36 Safety management APP in , A quarter of APP The operating companies are concentrated in Guangdong , Guangzhou 5 home 、 Shenzhen 4 home ;48 Online loans APP in , The operators are concentrated in Guangdong 、 Shanghai 、 Chongqing and Beijing , Guangdong has the largest number of enterprises involved , reach 12 home , Shenzhen has 7 home , Guangzhou 4 home 、 zhuhai 1 home .
In this announcement 84 paragraph APP in , Tencent mobile Manager 、360 Security management, such as mobile phone guard APP Involving the collection of personal information unrelated to the services provided by them or the collection and use of personal information without the consent of users ;360 I owe you 、 Ping An consumer finance 、 Central Plains consumer finance and other online loans APP Collect and use personal information without the user's consent , Didi finance and other platforms are also involved in the collection of personal information unrelated to the services they provide .
For the announcement of roll call and the recent introduction of relevant laws and regulations , Qi Yanbing, a lawyer from Guangdong Jintang law firm, is accepting 《 Chinese times 》 The reporter pointed out in the interview ：“ The legislative act of the state and the notification by name , It is closely related to the rampant infringement of personal rights and interests by the Internet in recent years . Especially in online lending 、 security management 、 Online shopping, car hailing, etc , Hidden or latent collection is widespread 、 Out of range collection uses 、 Compulsory or binding collection and use of personal information and illegal disclosure 、 Remove barriers or complaints that are unresponsive .”
Qi Yanbing stressed to reporters that ：“ In this Circular of criticism, the information office ordered correction , It's just the slightest punishment , As a matter of fact , Personally think that , If there's a violation on the list , It's just a correction , Obviously not enough .”
84 paragraph APP Illegal access to personal information
Based on the data of Huawei's application market , In this call to report 84 paragraph APP in ,36 Safety management APP Accounts for the most similar category ： Security performance class APP（ common 120 paragraph ） Of 30%; and 48 Online loans APP Occupy the application market 201 Online loans APP The proportion of 23.88%. this 84 paragraph APP About 30% of the violations revealed that APP Illegal collection 、 The universality of using personal information .
Disclosure is a must , Rectification is necessary . This incident is closely related to the vital interests of mobile phone users , In this era of big data , User information is regarded as an important resource , But whether the channel of information acquisition is regular or not is the business “ A gentleman is right and wrong ” The choice of .
this 84 paragraph APP Breaking the law and breaking the rules follow their usual routine , They know it's illegal to collect 、 It's wrong to use personal information , But they still hope to get more data resources by hiding illegal activities under the formal means , In order to achieve greater business interests .
Usually , People have instinctive protection for their private information , At the same time, this right of protection is guaranteed by law , Therefore, businesses will not directly claim that when users log in successfully APP Privacy information should be sent to the business , Or they don't enforce the collection and acquisition of information . In this case , Businesses will obtain the permission of users' mobile phone rights by consulting , And the access they get usually includes ： Mobile device information 、 Location information 、 Picture and album information 、 Contact information 、 Call log information, etc , yes , we have APP It even includes the collection and acquisition of calendar information .
Ms. Xiao, who lives in Shenzhen （ alias ） tell 《 Chinese times 》 The reporter ：“ I didn't fill in or tell any personal privacy information to any online loan company , I don't even have contact with sales people in this field , But I get a call from an online loan company , Ask me if I need a loan , I don't know what the leak of this information is about APP It doesn't matter if the personal information filled in is scalped .” Although we can't confirm whether Ms. Xiao's personal information is related to APP The personal information filled in on is scalped , But it brings psychological distress and burden to users like Ms. Xiao .
To regulate APP Personal information collection behavior , National Internet Information Office 、 Ministry of industry and information technology 、 The Ministry of Public Security 、 The State Administration of market supervision and Administration jointly formulated 《 Common types of mobile Internet applications require a range of personal information 》（ Hereinafter referred to as 《 Regulations 》）, This year 5 month 1 The effective date . It clearly states that ： Safety management class APP The basic function service of is “ Kill the virus 、 Clean up malicious plug-ins 、 Fix bugs, etc ”, You can use basic functions without getting personal information .
Tencent mobile housekeeper named this time belongs to “ Safety management class ”APP, For the problems found in the detection , relevant App The operator should be 《 notification 》 Date of release （5 month 10 Japan ） rise 15 Complete the rectification within working days . But reporters are 5 month 15 In Tencent mobile housekeeper's 《 Privacy clause 》 Found in , System 《 Privacy clause 》 The update date and effective date of are 2021 year 3 month 16 Japan , This shows that the operator has not changed or deleted the illegal provisions .
The reporter learned that , Tencent mobile Manager 《 Privacy clause 》 There are many violations of the law . stay “ We may have mobile phone information ” Under the project , Tencent mobile housekeeper listed “ If you refuse to provide （ Personal information requested ）, We will not be able to use our wechat Security Center 、QQ Security Center 、 My profile and my integral function ”; have other “ If you refuse to provide （ Personal information requested ）, You will not be able to use our account and data protection functions ”. And it doesn't fit 5 month 1 In force on 《 Regulations 》 The required terms are “ We will call your device identification information 、 Equipment hardware and system parameters 、 Network type 、 System log and other information ” wait .
Besides ,“ Advertising services ” There is also such a statement in ：“ We may also use your information , Through me, through our services 、 Email or other ways to send you marketing information , Provide or promote our or third party's following goods and services .” obviously , The clause does not comply with 《 Regulations 》 The requirements of .
Qi Yanbing to 《 Chinese times 》 The reporter said ：“ The promulgation of laws and regulations makes Tencent mobile phone housekeeper such mobile phone security management software , Collection of personal information will not be the basic function of the use of conditions , Users refuse to collect , It is not allowed to refuse to provide corresponding basic function services . Beyond the basic functional services , It's about collecting 、 Using personal information , We have to follow the law 、 proper 、 The principle of necessity , Disclose their collection in advance 、 The rules used , Express collection 、 Purpose of the information 、 Way and scope , And with the consent of consumers .”
“ actually , Most of the functions of Tencent mobile housekeeper have gone beyond the basic function settings of security management , But in the information collection, although some of them have been made clear by the guidelines , But many of the contents are beyond the legal scope 、 proper 、 The principle of necessity , And without the prior permission of the user , After the event, the user chooses to close or delete it according to the instructions , Even compulsory permission or failure to close 、 Delete .” Qi Yanbing said .
In general , Collecting the necessary information is normal use APP Necessary , But illegal use does not belong to enforcement APP The information acquired by its own functions should be subject to supervision and control , It's not just about protecting user power , At the same time, it is also an issue about the position of moral and legal standards in the operation and management of enterprises .
here we are 2020 year , Chinese mobile phones released by AI media report APP The privacy evaluation report shows ,65.3% Of the netizens interviewed thought that reading call records was an invasion of privacy ,55.4% 75% of netizens think that reading contacts is an invasion of privacy . and APP In authorized projects , When the camera is called 97%, The second is positioning information 95%, The third is recorded information 85%. And 2018 Compared to , Financial management APP Access to information is still very wide .
thus it can be seen , Picture and album information 、 Location information 、 Recorded information is almost “ Meet APP Must get ”. and , Privacy seems to be becoming an old word , The concept has become increasingly eroded . also , It's not so much that people don't want their private information leaked , It's more like people don't know how to protect their private information .
“ smart ” It's public “ Overlord provision ” Let users have to agree APP Personal information and privacy terms listed , Because not agreeing means not being able to use APP Or you can't use some of them properly , This brings inconvenience to users , In a dilemma , Users have to compromise , It's a kind of “ necessity ” The choice of .
The state strikes
This roll call , signify APP Illegal access to personal information has become popular and has been curbed by the state .
Based on the above 《 Regulations 》, Map navigation class APP Get user information in the range of ： Location information 、 Place of departure 、 Destination ; Instant messaging APP Get user information in the range of ： Mobile number 、 Account information ; Online shopping APP Get user information in the range of ： Mobile number 、 Name of consignee 、 Address 、 Telephone 、 Time of payment 、 amount of money 、 Payment channels and other information .《 Regulations 》 It also stipulates the scope of personal information acquisition in other fields , have other 13 class APP It can be used normally without additional user information .
in fact , It's not the first time the state has done it . As early as 2019 year 12 month 30 Japan , Secretary of the state Internet information office 、 General Office of the Ministry of industry and information technology 、 General Office of the Ministry of public security 、 The general office of the State Administration of market supervision has jointly issued 《APP Identification method of illegal collection and use of personal information 》（ Hereinafter referred to as 《 Identification method 》） The notice of .
Qi Yanbing is right 《 Chinese times 》 The reporter said ：“ This year, , The state has significantly strengthened the crackdown on illegal collection of users' personal information through the Internet , Effective this year 《 The civil code 》, For the first time, the content and responsibility of network users' information protection are comprehensively stipulated in the basic civil law ; The Supreme People's court followed , Special regulations on the use of information networks against personal rights and interests have been issued .”
“ Secretary of the state Internet information office 、 General Office of the Ministry of industry and information technology 、 General Office of the Ministry of public security 、 The general office of the State Administration of market supervision and Administration jointly issued 《 Regulations 》《 Identification method 》. thus , From the macro basic laws to the specific rules and regulations of the Department , A more comprehensive legal protection network for citizens' personal information protection has been established . This time, the Information Office of the state network is very important for 84 paragraph APP The announcement of , It is the first national level administrative punishment after the implementation of the above new regulations .” Qi Yanbing added .
This time, 《 Regulations 》 The promulgation of laws and regulations is actually a step forward , It's the country's successor 《 Identification method 》 After that, I'll do it again . Its scope of control is more focused , And the doctrine is clearer 、 clear 、 Specifically . It also means that ： If the mobile phone APP collect 、 Using user's personal information outside the specified scope , Users can report and clearly explain the reasons in accordance with laws and regulations .
One after another, the state has taken action , This illustrates the APP Illegal collection 、 The phenomenon of using personal information is very rampant, and users complain about the illegal behavior .
The reasons for illegal access to information are obvious . In this era of big data , User information becomes very important , Businesses are scrambling to get user information , It also breeds underground reselling of users' privacy information 、 Black industrial chain and other criminal activities .
Qi Yanbing said that , The pace of network legislation seems to lag behind the network crime , This is related to the highly diversified and changing characteristics of the Internet . But at least this year , We have seen the efforts and breakthroughs of the state in gradually enriching and enriching the standards of illegal identification , In the future, the relevant norms and rules will be more and more strengthened and improved .
The law on the protection of consumers' rights and interests deals with illegal collection 、 Use personal information , Not following the legal 、 proper 、 The principle of necessity 、 Collect information without the user's permission 、 The usage of information is not listed 、 The maximum penalty for users who refuse to provide information and continue to use the information is ten times of the illegal income or 50 Up to ten thousand yuan （ To close down business for rectification 、 Close the website 、 Except for revocation of business license ）, The law of network security raises the fine to 100 Ten thousand yuan , And the person in charge can be punished up to 10 Ten thousand yuan fine . According to the criminal law, the maximum penalty is 3 Two years in prison and a fine .
Can the roll call report have its due effect , Severe punishment or “ Put it down gently ”, We have to wait for time to give the answer . However , As a tiny individual in the era of big data （ user ）, We can't stand the tide of the times , Every individual is not on top of the waves , It's stepping on the ground . face APP Illegal access to personal information , We should consciously take up legal weapons to safeguard our legitimate rights .