"Shared orders", one form is more risky

　　Recently, a sharing form called "shared off order" has been forwarded to many chat groups, and it has been filled in including stage name, height, weight, age, gender, city, income, self-introduction, requirements and communication methods, etc. A lot of personal information (according to Jiangsu News WeChat official account on November 13).

　　The "Disclaimer" in the "Shared Orders" form is eye-catching.

The statement states: the information you fill out will be voluntarily agreed to be disseminated by users, and the creator of the text file does not bear any liability for illegal use of users.

It is forbidden to use user information for profit or reselling, otherwise you will bear the legal responsibility for you.

　　Whether this disclaimer has legal effect is questionable.

The "shared off-order" form does not clearly indicate the publishing unit or individual, which means that the responsible party is not clear. Since the responsible party is not clear, the disclaimer is in vain, and the legitimate rights and interests of the person filling in the information are hardly guaranteed. .

The designer of the "shared slip" form tried to use the disclaimer to avoid being held responsible for the leakage of personal information. It was smart.

The claim that the creator of the text file does not bear any illegal liability arising from the user's use also lacks a legal basis. Once someone resells personal information, it is inevitable that the form designer will be held accountable.

Therefore, the exemption statement cannot exempt the form designer from the legal risk of being held accountable.

　　Another risk of the "shared off-order" form is that it greatly increases the risk of personal information being leaked.

It is understood that during the filling and dissemination process of the "shared off-order" form, no information security protection measures have been set, and any individual or unit can view and edit it. Information security is facing a huge threat.

In recent years, my country has been committed to strengthening the protection of personal information, but there are still some criminals who fraudulently use or sell information on the Internet, including killing pig dish fraud, naked chat fraud and other illegal and criminal activities.

According to statistics from the Ministry of Public Security, public security organs across the country will investigate more than 3,100 criminal cases of infringement of citizens' personal information in 2020.

　　It is urgent to strengthen the protection of personal information.

my country has established a multi-faceted personal information protection "firewall". For example, the "Personal Information Protection Law of the People's Republic of China" that was implemented on November 1 clarifies that the personal information leakage of others must bear tort liability in accordance with the law.

Article 69 of the law stipulates that 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 be liable for damages and other torts.

Article 70 stipulates that if a personal information processor handles personal information in violation of the provisions of this law and infringes on the rights and interests of many individuals, the people's procuratorate, consumer organizations specified by the law, and organizations determined by the national cybersecurity and informatization department may file a lawsuit in the people's court in accordance with the law.

On November 14, the State Cyberspace Administration of China issued the “Notice of the State Internet Information Office on the Public Comment on the Regulations on the Management of Network Data Security (Draft for Comment)”, which proposed to stipulate that biological characteristics such as human face, gait, and fingerprints should not be used as The only personal identity authentication method makes the protection of personal information more refined.

　　But as an individual, it is the best policy to check from the source.

Be cautious when you are in love, and you need to be rational when you want to leave orders. The “shared orders” form hides many risks.

While using online channels to make friends extensively, you should also ensure the safety of your personal information to avoid being used by criminals and becoming a "lamb" for criminals.

　　Zhao Xiaoming