The length is comparable to a paper, how to break the APP user agreement strange phenomenon
In the era of mobile Internet, APP has become an essential tool for many people.
When downloading and using it for the first time, it is a normal operation to click "I have read and agree to the User Agreement and Privacy Policy".
These agreements can be tens of thousands or even tens of thousands of words, and the length is comparable to a paper. Related surveys show that nearly 80% of users rarely or never read them.
A reporter from the "Economic Information Daily" recently investigated and found that in addition to the lengthy and inconvenient reading, many APP user agreements and privacy policies also have problems such as "darkness", "first cut and then", and "transfer of personal information to third parties".
In a certain sense, the APP user agreement and privacy policy are not only an open letter to inform users of the APP operation mode, a contract to clarify the rights and responsibilities of both parties, and a commitment letter from the APP developer to the protection of users' personal information.
my country's Personal Information Protection Law has clarified the personal information processing rules with "notification-consent" as the core, safeguarding citizens' rights in personal information processing activities, strengthening the obligations of personal information processors, and clarifying the supervisory responsibilities of personal information protection. , and set strict legal liability.
Among them, allowing users to read and understand the content of the user agreement and privacy policy, understand their rights and obligations, and understand the background collection and processing process of personal information, which is in line with the legal spirit of personal information protection, and is also a practice of the relevant provisions.
Today, under the strict APP listing review mechanism, most developers can provide protocol templates as required, but the problems reflected in the above reports are also regrettable.
The user cannot read the user agreement, what is the problem?
For users, there are certain professional thresholds for understanding expressions in the relevant industries, but APP developers cannot use professionalism, rigor, and high thresholds as an excuse to reduce the possibility of users reading and correctly understanding relevant agreements.
Otherwise, such agreements are likely to become unilateral disclaimers, even comparable to overlord clauses.
For example, "agree once, agree again and again" - a reporter's survey shows that some APPs will revise their privacy agreements as needed, but users cannot know whether the content has been updated in a timely manner.
This type of APP usually states in the user agreement that the enterprise has the right to formulate and modify this agreement or various rules from time to time as needed, and publicize it on the APP platform without separately notifying users.
By using the platform services, consumers accept the revised agreement and rules.
This kind of behavior is similar to signing a blank contract. The user signs first, and the contract content is filled in by the APP developer, which is obviously unfair.
Another example is the transfer of personal information to third parties.
Some APPs will state in their agreements that they have permanent and completely free rights to use the collected user videos, photos, texts, etc., and “have the right to license them to any third party for use” and “you do not need to ask for your consent when actually exercising them. agree".
However, in most cases, this "sublicense" clause is not specifically developed, such as how to authorize, who to authorize, and the scope of authorized use.
This is equivalent to letting users give up their right of informed consent to the transfer of personal information in the future, increasing the risk of leakage of users' personal information.
From functional departments to industry associations, from manufacturer alliances to consumer associations, standardizing the entire process of APP development, use and operation has always been the direction of efforts of all parties.
Previously, the relevant governance has achieved certain results in response to APP's aging transformation, big data killing and other issues, but there is still a lot of room for improvement in guiding the APP platform and relevant developers to standardize user information collection and use of private information. .
APP developers should be clear that it is the bottom line not to lie, to explain clearly, and to make it clear. Trust is always a two-way street. If you are open and honest with users, you will have long-lasting recognition and stickiness.
Furthermore, allowing users to read, understand, and understand the user agreement and privacy clauses is an important part of protecting personal information, and an important means to protect users' right to know and make decisions about personal information processing.
Nowadays, the scenarios of personal information processing are becoming more and more diverse, and the requirements for the scope, strength and depth of personal information protection are constantly increasing. Only then can the public gain a more comfortable and reassuring experience in digital life.
Zhang Ziyu
Zhang Ziyu