Shulou(Shulou.com)11/24 Report--

CTOnews.com March 8 news, CTOnews.com learned from the official website of the China Consumer Association, the China Consumer Association today released the "2022 personal information protection in the field of consumer protection report" (hereinafter referred to as "the report").

According to the report, the legislative construction of personal information protection in China has experienced a development process from criminal regulation to civil regulation, from principled regulation to specific rules. At present, China has formed a legal system of personal information protection based on the Civil Code, with the personal Information Protection Law as the core, and with the Consumer Rights Protection Law, the Network Security Law, the Electronic Commerce Law and the data Security Law as an important part. In recent years, Internet letter, public security, culture and travel, Gongxin, market supervision and other departments have severely cracked down on acts that infringe upon consumers' personal information rights and interests through actions and activities such as "net Action", "Qinglang Action", National Network Security publicity week, and App security certification, thus contributing to the creation of a good consumption environment. Consumer associations protect consumers' personal information by means of investigation and supervision, warning, interview, disclosure and criticism. Especially since 2014, consumers' associations in Jiangsu, Guangdong, Chongqing and other places have filed public interest lawsuits against acts infringing upon consumers' personal information rights and interests, actively creating effective means to protect consumers' personal information.

The report points out that China has significantly improved the protection of consumer personal information in 2022:

In terms of legislative protection, the legal protection system for personal information and data security has become more perfect. Policies and regulations have been issued, such as "opinions on the Construction of data basic system to better play the role of data elements", "regulations on the Management of Deep Synthesis of Internet Information Services", "provisions on personal Information exit Standard contracts" and "provisions on the Management of Information Services for Mobile Internet applications".

In terms of judicial protection, the Supreme people's Court issued guidance cases on the protection of consumers' personal information, published several typical cases involving the protection of personal information, and people's courts at all levels tried a large number of related civil and criminal cases; procuratorial organs gave full play to their functions and initiated a number of public interest lawsuits involving the protection of personal information, effectively safeguarding the legitimate rights and interests of consumers.

In terms of administrative protection, we will continue the system of unified management and division of labor and responsibility, and all administrative organs will actively perform their duties, strictly enforce the law, crack down on all kinds of illegal acts that infringe upon consumers' personal information rights and interests, and crack down on the black industrial chain formed around consumers' personal information. In 2022, public security organs throughout the country further promoted the "net 2022" special campaign, with a total of 83000 cases investigated by the end of the year. In June 2022, the General Administration of Market Supervision and the State Office of Internet Information issued a "notice on carrying out data Security Management and Certification". Further promote the certification work of network data security protection The Ministry of Industry and Information Technology issued a total of 5 batches of App Circular on violations of users' Rights and interests, and urged relevant enterprises to complete the rectification and reform requirements.

In terms of social protection, China Consumer Association and local consumer associations attach great importance to the protection of consumer personal information, and promote it through special actions, public interest litigation, consumer warnings, interviews with operators and other ways. In January 2022, China Consumer Association released "Ten Hot spots of consumption Rights Protection in 2021", combing and interpreting the topics in view of the prominent problem of "streaking" of consumer personal information and the difficulty of safeguarding consumers' rights and rights. actively carry out the publicity work on the protection of consumers' personal information, by combing the main scenes that infringe upon consumers' personal information rights and interests to interpret the law by case, remind the broad masses of consumers to learn and understand the law and be cautious about network authorization. Effectively improve the awareness and ability to protect personal information.

The "report" points out that at present, the problem of infringing upon consumers' rights and interests of personal information still needs to be paid great attention by all sectors of the society. the problems are mainly manifested in violating the principle of necessity of handling, violating the principle of the quality of personal information processing, violating the rule of "notification-consent", and the scope of damages for infringement of personal information rights and interests remains to be determined. The report puts forward four suggestions from the perspective of strengthening the protection of consumers' rights and interests:

First, we will once again launch the revision of the Consumer Rights and interests Protection Law to improve the legal system for the protection of consumer personal information. It has been nearly 10 years since the last revision of the Consumer Rights and interests Protection Law. with the rise of the digital economy in recent years, the Consumer Rights and interests Protection Law, which regulates the consumer market in which personal information is collected and applied centrally by big data's products, should also be revised in time to respond to the requirements of the 20th CPC National Congress to "speed up the construction of a network power and digital China and strengthen the protection of personal information".

The second is to sum up judicial experience, issue supporting judicial interpretations in time for controversial issues such as the definition of liability and compensation for damages, uniformly guide the application of the law, and promote the protection of public interest litigation. The subjects who can bring consumer personal information protection litigation are encouraged to actively bring public interest litigation, so as to standardize consumers' personal information processing behavior on a larger scale and improve the level of judicial protection.

The third is to strengthen administrative governance and punish illegal acts that infringe upon consumers' rights and interests of personal information. Law enforcement departments should properly handle the relationship between the protection and rational use of consumers' personal information, improve the ability of law enforcement, use scientific and technological means to innovate supervision methods, strengthen supervision, improve the efficiency of law enforcement, and through the construction of green communication channels, strengthen coordination between departments.

Fourth, strengthen social co-governance, actively give full play to the organizational role of consumers' associations, continuously strengthen consumer education, enhance consumers' ability of self-protection, urge industries and enterprises to exercise self-discipline and autonomy, and jointly build a social co-governance system for the protection of consumer personal information.

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