The Personal Information Protection Law came into effect on November 1st
. There is a special legal supervision for online shopping "big data acquaintance"
It is clear that you must not excessively collect personal information, use big data, or abuse face recognition technology... Since November 1, the "Personal Information Protection Law of the People's Republic of China" has been officially implemented to protect your information security in all aspects.
This law clarifies that the processing of personal information should have a clear and reasonable purpose, and should be directly related to the purpose of processing, and adopt a method that has the least impact on personal rights; personal information processors use personal information to make automated decision-making, and must not determine the transaction price of individuals. Implementation of unreasonable differential treatment in terms of trading.
These actions are illegal
Illegal collection and use of other people's personal information
No organization or individual may illegally collect, use, process, or transmit the personal information of others, shall not illegally buy or sell, provide, or disclose the personal information of others; shall not engage in personal information processing activities that endanger national security or public interest
Processing personal information without personal consent
The personal information processor can only process personal information if one of the following circumstances is met:
(1) Obtain personal consent
(2) Necessary for the conclusion and performance of a contract in which the individual is a party, or necessary for the implementation of human resource management in accordance with the labor rules and regulations established in accordance with the law and the collective contract signed in accordance with the law
(3) Necessary to perform statutory duties or statutory obligations
(4) Necessary to respond to public health emergencies, or to protect the life, health and property safety of natural persons in an emergency
(5) Conduct news reports, public opinion supervision, etc. for the public interest, and handle personal information within a reasonable range
(6) Processing personal information disclosed by individuals or other legally disclosed personal information within a reasonable scope in accordance with the provisions of this law
(7) Other circumstances stipulated by laws and administrative regulations
Excessive collection of personal information
■The processing of personal information should have a clear and reasonable purpose, and should be directly related to the purpose of processing, and adopt a method that has the least impact on personal rights and interests.
The collection of personal information should be limited to the smallest scope for the purpose of processing, and personal information should not be collected excessively
■Personal information processors shall not refuse to provide products or services on the grounds that they do not agree to the processing of their personal information or withdraw their consent; unless the processing of personal information is necessary for the provision of products or services
Implement unreasonable differential treatment in transaction prices, etc.
■Personal information processors who use personal information to make automated decision-making shall ensure the transparency of the decision-making and the fairness and impartiality of the results, and shall not impose unreasonable differential treatment on individuals in terms of transaction prices and other transaction conditions
■For information push and commercial marketing to individuals through automated decision-making methods, they should also provide options that are not specific to their personal characteristics, or provide individuals with convenient ways to refuse
■Using automated decision-making methods to make decisions that have a significant impact on personal rights and interests, individuals have the right to request personal information processors to explain, and have the right to refuse personal information processors to make decisions only through automated decision-making methods
Use personal information collected by "brushing your face" in public places for other purposes
The installation of image collection and personal identification equipment in public places shall be necessary to maintain public safety, comply with relevant national regulations, and set up prominent reminders.
The collected personal images and identification information can only be used for the purpose of maintaining public safety and shall not be used for other purposes; except for those with individual consent
Processing sensitive personal information without individual consent
■Only when it has a specific purpose and sufficient necessity, and adopts strict protection measures, the personal information processor can process sensitive personal information
■The processing of sensitive personal information shall obtain individual consent; where laws and administrative regulations stipulate that the processing of sensitive personal information shall obtain written consent, the relevant provisions shall be followed
■Personal information processors who process the personal information of minors under the age of fourteen shall obtain the consent of the minor’s parents or other guardians.
Personal information processors who process the personal information of minors under the age of fourteen shall formulate special personal information processing rules
Severe punishment for illegal acts
1 For applications that illegally process personal information, order to suspend or terminate the provision of services; if they refuse to make corrections, a fine of less than one million yuan will be imposed; the directly responsible person in charge and other directly responsible personnel will be imposed 10,000 yuan to 100,000 yuan The following fine
2 If the processing of personal information infringes on the rights and interests of personal information and causes damages, and the personal information processor cannot prove that he is not at fault, he shall bear the tort liability for damages, etc.
3 If there is any illegal act as stipulated in this law, it shall be recorded in the credit file in accordance with the relevant laws and administrative regulations, and shall be publicized
4 Violation of the provisions of this law and constitutes a violation of public security management shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law
Source/Xinhua News Agency/Peng Xuewu Drawing/Ma Chao