Say goodbye to harassing phone calls and marketing text messages! On November 1, the Personal Information Protection Law will come into effect

Beijing, October 29 news (reporter Gao Xinran) was bombarded by spam marketing text messages, harassing phone calls, resume information was sold at will... At present, the leakage of personal information has become a key issue of concern. On November 1, the Personal Information Protection Law will come into effect. What information is sensitive? Is "big data killing" legal? The reporter talked to Liu Jiaxi, a lawyer at Beijing Kangda (Shenyang) Law Firm, to answer questions related to personal information.

Liu Jiaxi told reporters that the problem of personal information abuse in China is becoming increasingly serious, and the demand for personal information protection legislation in society is becoming more and more urgent. Prior to this, there were no special provisions on personal information in China's laws, and the provisions on the protection of personal privacy were also general and vague, lacking operability. Liu Jiaxi said: "The newly promulgated personal information protection law can be said to be unprecedented in protection. ”

Pioneering a "withdrawal of consent" system prohibits excessive collection of information

Article 15 of the Personal Information Protection Law stipulates that where an individual has consented to the processing of personal information, the individual has the right to withdraw his or her consent. Personal information processors shall provide a convenient way to withdraw consent. The "withdrawal of consent" system is a new move, Liu Jiaxi said, from the actual operation, in the past, the subjects focused on the protection of personal information "notification and consent", and there was no provision for withdrawal.

Liu Jiaxi said: "This provision will promote personal information processors to legally and compliantly manage the consent scope of a large number of users, and at the same time, this is also a big challenge for personal information processors." Liu Jiaxi predicted that after the personal information protection law came into effect, when people use the APP, they may see a "consent" button next to it, adding a "withdraw consent" button.

Article 6 of the Personal Information Protection Law stipulates that the handling of personal information shall have a clear and reasonable purpose, and shall be directly related to the purpose of processing, and shall be directly related to the purpose of processing, and shall be adopted in a manner that has the least impact on the rights and interests of individuals. The collection of personal information shall be limited to the minimum scope for the purpose of processing, and personal information must not be collected excessively. Article 16 stipulates that personal information processors must not refuse to provide products or services on the grounds that individuals do not agree to process their personal information or withdraw their consent.

"Minimum scope", "minimum impact" and "no refusal", these words mean that the overlord clause is no longer "hegemonic", and users no longer have to worry about not signing the agreement to use the APP. For example, Liu Jiaxi said that in the payment scenario, users can choose password payment or face payment, if the user does not want their biological information to be collected, they can still choose password payment.

Personal Information Protection Act (Image: CFP)

Protection of Sensitive Personal Information Standardize "Big Data Killing"

In addition, the Personal Information Protection Act specifically stipulates the rules for the handling of sensitive personal information. Sensitive personal information is personal information that, once leaked or illegally used, is likely to lead to the infringement of the personal dignity of natural persons or the endangerment of personal or property safety, including biometrics, religious beliefs, specific identities, medical health, financial accounts, whereabouts and other information, as well as the personal information of minors under the age of 14.

Liu Jiaxi proposed that face information is sensitive personal information, such as some residential properties mandatorily require owners to enter face information, and use face recognition as the only verification method for entering and leaving the community, which violates the principle of "informing and consenting" and is illegal.

The Personal Information Protection Law stipulates that personal information processors using personal information to make automated decision-making shall ensure the transparency of decision-making and the results of the decision-making be fair and just, and must not implement unreasonable differential treatment of individuals in terms of transaction prices and other transaction conditions. Information pushing and commercial marketing to individuals through automated decision-making methods shall also provide options that are not specific to their personal characteristics, or provide individuals with convenient ways to refuse. Liu Jiaxi explained that the personal information protection law makes special restrictions on "automated decision-making" in order to regulate the behavior of "big data killing".

On October 28, the China Consumers Association issued a reminder that operators should not use their own information such as consumer economic conditions, consumption habits, and price sensitivity to discriminatory discrimination against consumers in terms of transaction prices, nor can they carry out precision marketing through user portraits without consumer authorization.

Information leakage first to collect evidence Illegal processing of personal information may be terminated by the service

So, if personal information is leaked, how should individuals defend their rights? What are the penalties for personal information processors who leak information?

Liu Jiaxi said that the Personal Information Protection Law stipulates that those who process personal information illegally, or who do not fulfill the personal information protection obligations stipulated in the Personal Information Protection Law, may be suspended or terminated, face large fines, and potential market access. For the directly responsible supervisors and other directly responsible personnel of the illegal enterprise, it may be decided to prohibit them from serving as directors, supervisors, senior management personnel and persons responsible for personal information protection of the relevant enterprise for a certain period of time.

Liu Jiaxi introduced that if ordinary people find that personal information is leaked, they first need to collect evidence clues. For example, if you encounter telephone harassment or email harassment, you need to write down the identity, telephone number, email address and other information of the other party, and you can also record and record video if you have the conditions. After collecting good evidence, promptly report the case to the relevant departments, and make complaints and reports to the public security department, the industry and commerce department and other relevant agencies. Liu Jiaxi said: "If the impact of information leakage on the rights and interests of individuals is too large, it is recommended to entrust a lawyer to protect their rights. ”