Nowadays, our lives are almost inseparable from mobile apps. However, while the App provides convenience to us, have you ever encountered such a situation, when downloading and using an App, sometimes you need to authorize your personal information to it, otherwise it may not be able to use? Once you've done so, you'll find that it's constantly pushing you exactly what you want to know about, while others are "annoying" ad messages.
Behind these information pushes, it is actually through the collection of personal information to depict "user portraits". User portrait is to further accurately and quickly analyze important information such as user behavior habits and consumption habits through data analysis. If our information is collected, where is the scale? Do we have the right to opt out of certain information collection requests from the App?
Apps are forced to collect personal information
The user cannot revoke the authorization
Ms. Zhang, from Beijing, is very open to new things, and one day while playing with her mobile phone, she found a dictionary app that claimed to be "a must-have Internet buzzword for memes", and she downloaded the app to get closer to the lives of young people.
After the download was completed, Ms. Zhang found that when registering, the system would automatically check the option of "I have read and agreed to the Terms of Service and Privacy Policy" by default, and if she refused, the system would automatically flash back and become unusable.
Ms. Zhang noticed that the app's Privacy Policy stated that once the registration was completed, the app would automatically collect a large amount of her personal information.
Judge Wang Juan of Beijing No. 4 Intermediate People's Court: The user information it forcibly collects mainly includes the user's device information. It is the brand of the mobile phone, the model of the mobile phone, the geographical location, the user's preferences, and the user's usage information, as well as the user's mobile phone number, nickname, password and other information.
After using the app for a while, Ms. Zhang was not satisfied with the app and wanted to deactivate and delete the personal information she had authorized it, but then a new problem arose.
Judge Wang Juan of Beijing No. 4 Intermediate People's Court: She found that the app may have collected her personal information excessively, and she wanted to withdraw her consent, but found that the app did not set any way for her to withdraw it, so she could not withdraw her consent.
Users have the right to express their wishes clearly
This option cannot be selected by default
Sun Mingxi, full-time member of the adjudication committee of the Beijing Internet Court: In other words, users can only refuse or accept at the same time, and when users click to reject, the software will be forced to quit, resulting in the inability to use any of its functions. During the registration process, if the user does not check "I have read and agree to the service and privacy policy", the software will pop up a prompt asking the user to read the service and privacy policy document.
China's Personal Information Protection Law stipulates that where the processing of personal information is based on an individual's consent, such consent shall be made voluntarily and explicitly by the individual with full knowledge.
How do you know whether the user voluntarily and explicitly consents to the processing of personal information? We believe that in the Internet scenario, the agreement between the two parties is drawn up through the user agreement, and the user needs to take the initiative to make affirmative actions, rather than checking the box by default.
The court held that the click button of the Service Agreement and the Privacy Policy were set to the same button, and the user was faced with a situation where it was impossible to clearly express his wishes.
The court found that the app's excessive collection of personal information constituted infringement
After the trial, the court held that the name, official description, and description of the app market all pointed to the function of the popular word dictionary, so the attributes of the app involved in the case should be a utility app.
According to the Provisions on the Scope of Necessary Personal Information for Common Types of Mobile Internet Applications, jointly formulated by the Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation, the basic functions and services of utility apps are "calendar, weather, dictionary translation, calculators, remote controls, flashlights, and compasses...... Screenshot screen recording, audio recording, document processing, smart home assistant, horoscope personality test, etc.", you can use basic functions and services without personal information.
Accordingly, the court found that the dictionary app's act of requiring the collection of personal information such as the user's mobile phone number and geographical location before providing services violated the above provisions and infringed on the user's rights and interests in personal information.
Regarding Ms. Zhang's claim that the App in question did not provide users with a convenient way to withdraw consent, the court held that the first paragraph of Article 15 of the Personal Information Protection Law of the People's Republic of China stipulates that "if personal information is processed based on the individual's consent, the individual has the right to withdraw his consent." Personal information processors should provide a convenient way to withdraw consent", but the App did not provide it, thus infringing on the user's rights and interests in personal information.
In the end, the court ruled that the operating company of the dictionary app involved in the case should delete Ms. Zhang's personal information collected, apologize to Ms. Zhang, and compensate her for reasonable expenses of 3,080 yuan.
Source: CCTV news client
Editor: Guo Hailong
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