Shulou(Shulou.com)06/01 Report--

Study the Network Security Law and analyze the Protection of Citizen Information

Jackzhai

Many people have this experience: as soon as they buy a car, someone will sell you car insurance; as soon as the baby is born, someone will sell you diapers; there will be sales of houses, harassment of selling insurance, and endless spam messages. I can't bear to hang up the trap phone at the sound of it. While the mobile Internet allows us to integrate into the Internet virtual world, it also makes our life completely fall into the digital ocean surrounded by junk information and no self-space.

What's wrong with the world? Why do those people have my phone number and provincial certificate number, why do they know when and where I am, and why do they know what I need to buy? The legendary precision advertising and VIP services used to be the privileges of the aristocracy, but now they have "unfortunately" fallen on ordinary citizens, and the service has become harassment and fraud has drowned out integrity. Until the Xu Yuyu incident, a teenage girl with a bright future died because of a fraudulent phone call, and the protection of personal information finally became the focus of the whole society, netizens and citizens. Everyone is calling for the emergence of legal weapons to protect citizens' information rights and interests. On June 1, 2017, the Cyber Security Law was formally implemented in this social context.

Bearing so many expectations, we should seriously study the Cyber Security Law and analyze how to protect citizens' personal information.

What is the personal information of citizens and what is the content of the personal information protected by law?

In the conceptual interpretation of the Cyber Security Law, there is an interpretation of personal information: all kinds of information recorded electronically or in combination with other information that can identify the personal identity of a natural person, including, but not limited to, the name, date of birth, × × piece number, personal biometric information, residential address, telephone number, etc. In document No. 10 of legal interpretation (2017), × × and × × gave a judicial interpretation of the security of citizens' personal information: "personal information of citizens", refers to all kinds of information recorded electronically or in combination with other information that can identify a specific natural person or reflect the activities of a specific natural person. Including name, × × piece number, communication contact information, address, account password, property status, whereabouts, and so on.

In a word, when you can compare and confirm that the person in the virtual world is you in the real world, this information constitutes the citizen's personal information.

How to protect citizens' personal information? There are clear legal requirements for network operators in the Network Security Law:

1. Management: establish a user information protection system, establish a network information security complaint and reporting system, publish complaints and reporting methods, and promptly accept and handle complaints and reports related to network information security.

two。 Express: the collection and use of personal information should inform the user of its purpose, method and scope, and can only be obtained after seeking consent.

3. Cross the line: do not collect personal information that is not related to the services they provide

4. Notice: when leakage, destruction or loss of personal information occurs or may occur, remedial measures shall be taken immediately, inform the user in time in accordance with the regulations, and report to the relevant competent departments

The regulations make it clear that network operators are responsible for the protection of citizens' personal information, and network operators who violate the provisions will be punished as follows (Article 64): they shall be ordered by the relevant competent department to make corrections. According to the circumstances, they may be given a warning alone or concurrently, confiscate the illegal income, impose a fine of not less than one time and not more than ten times the illegal income, and if there are no illegal gains, a fine of not more than 1 million yuan shall be imposed. The person-in-charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 100,000 yuan. If the circumstances are serious, it may be ordered to suspend the relevant business, suspend business for rectification, close the website, revoke the relevant business license or revoke the business license.

The Cyber Security Act also sets out the rights and responsibilities of citizens in protecting personal information:

1. Privacy protection right: if a network operator is found to collect and use his personal information in violation of laws or administrative regulations or the agreement of both parties, he shall have the right to require the network operator to delete his personal information.

two。 True right of information: if it is found that there are errors in the personal information collected and stored by the network operator, the network operator shall have the right to request the network operator to correct it.

3. Prohibited liability: may not steal or obtain personal information by other illegal means, or illegally sell or provide personal information to others

4. Responsibility for refusal to assist: websites or communication groups shall not be set up to publish information about activities, including the commission of fraud, the teaching of criminal methods, the production and sale of prohibited and controlled articles, etc.

Illegal acquisition or illegal information will be punished as follows by law (Article 64): whoever steals or illegally acquires, illegally sells or illegally provides personal information to others, which does not constitute a crime, shall be confiscated by the public security organ and concurrently imposed a fine of not less than one time and not more than ten times of the illegal gains, and if there are no illegal gains, a fine of not more than 1 million yuan shall be imposed. If the case constitutes a crime, he will be investigated for legal responsibility and convicted of the crime of illegal use of information network with reference to the relevant judicial interpretation of the criminal law.

Apart from network operators, it is the relevant government regulatory agencies that store most personal information. Article 45 of the Cyber Security Law clearly defines the requirements for regulators: departments and their staff responsible for the supervision and administration of network security in accordance with the law, must keep the personal information, privacy and trade secrets known in the performance of their duties strictly confidential, and shall not disclose, sell or illegally provide them to others. If a member of a regulatory agency violates these provisions, he will be punished by the law as follows (Article 73): the person-in-charge and other persons directly responsible shall be punished in accordance with the law.

The Network Security Law defines the three roles in the protection of citizens' personal information, namely, the network operator (the user of personal information), the individual citizen (the party whose personal information is protected), and the regulatory body (the party whose personal information is protected in the work). It stipulates the legal liability of each role and the punishment method of violating the law, so that the protection of our citizens' personal information has a clear legal basis.

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