Chinanews Client Beijing, October 28 (Reporter Xie Yiguan) On November 1, 2021, the "Personal Information Protection Law" will be formally implemented. For this reason, the China Consumers Association issued a document on the 28th to urge operators to implement the "Personal Information The relevant provisions of the "Protection Law" improve personal information processing rules in accordance with the law, fulfill the obligation of publicity and notification, standardize personal information processing procedures, and take necessary measures to ensure the safety of consumers' personal information.
In terms of specific measures, the China Consumers Association believes that operators must first effectively implement the "inform-consent" rule, clearly state the purpose, method, and scope of processing personal information, and provide a convenient way to withdraw consent.
Operators must not use package authorization, mandatory consent, etc. to process consumer personal information; without the consent of consumers, operators must not push commercial information to consumers.
The second is that the collection and use of personal information should have a clear and reasonable purpose, and should be limited to the least impact on personal rights and the smallest scope for achieving the purpose of processing, and must not excessively collect consumer personal information.
Operators shall not refuse to provide products or services on the grounds that consumers do not agree to the processing of their personal information or withdraw their consent.
The third is to strictly restrict the processing of sensitive personal information, and communities and business premises cannot force owners or consumers to perform face recognition.
Operators should not illegally collect consumer facial recognition information for commercial purposes.
Fourth, the use of personal information for automated decision-making must be legal, and behaviors such as "big data killing" are prohibited.
Operators cannot use their own information on consumers’ economic status, consumption habits, and price sensitivity to discriminate against consumers in terms of transaction prices, nor can they pass without the authorization of consumers. User portraits to carry out precision marketing.
Fifth, large-scale Internet platforms should also pay attention to fulfilling special obligations and be a good "gatekeeper" for personal information protection.
Stop providing services to product or service providers in platforms that deal with personal information in serious violation of laws and administrative regulations.
According to the China Consumers Association, in recent years, the China Consumers Association has found that in its consumer rights protection work, consumers’ complaints about personal information are mainly concentrated in excessive claims on mobile apps, the leakage of consumer’s personal information, the illegal push of commercial information, and "big "Data familiarization" and illegal processing of sensitive personal information.
For example, in the 2021 CCTV 3.15 party, it was exposed that many well-known stores installed face recognition cameras, and a large amount of facial information was collected, but none of the merchants clearly informed consumers, and it is impossible to obtain consent; in May 2020, The police in Huai'an, Jiangsu cracked a case of infringing on citizens’ personal information. A bank employee sold the identity information, phone number, balance and even transaction records of the bank card user for profit at a price of 80-100 yuan each, involving more than 50,000 personal information. strip.
The China Consumers Association reminds consumers to actively study the "Personal Information Protection Law" and other legal provisions; develop a good habit of "non-essentially not providing"; keep track of the personal information authorized or provided by themselves; pay attention to destroying personal information with Documents and materials; take the initiative to take up legal weapons to protect legal rights and interests.
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