Research On The Legal Regulation Of Mobile APP Personal Information Collection

In our modern information society,mobile phones have become a necessity and a large number of mobile phone APP has been involved in nearly every aspect of people’s lives.While it is true that people enjoy the convenient lifestyle brought by technology,they also suffer from excessive collection of their personal information.Personal information collection is the first defense line of users’ information security,so the protection of mobile APP users’ personal information should be improved to maintain their personal information security.The personal information has been established into an "identification system" within chinese legislation,which is defined as any information that can identify a specific person.The main actors in mobile APP information collection include APP developers,operators,advertisers and other third-party developers providing functional modules or components.The universality of information collection among mobile APP and the particularity of the information that each mobile APP collects makes users’ personal information more vulnerable to infringement.In general,the main problems inherent in the collection of personal information from mobile APP are as follows: First,the APP secretly collect personal information,mainly by stealing personal information,automatic authorization to obtain personal information,and tacit consent of privacy terms;Second,the APP collects personal information compulsorily,mainly through the means of application services,function bundles and privacy agreements "setting overlord clauses";Third,the APP privacy policy is not up to standard.It can be seen from this that the problem of illegal collection of personal information by APP in China is prominent,and it is urgent to protect the safety of users’ personal information.If the legislative practice of personal information protection of mobile APP users in China being reviewed,it can be concluded that China has made remarkable achievements in the legal practice of information protection,but there are still some problems that cannot be ignored.First,under the tort system,general personal information does not constitute the protection object of the traditional personality right,and as the "weak force" of the private subject is still difficult to obtain evidence,and faces the high cost of relief.Second,administrative legislation is scattered and the degree of punishment is small.Third,in the face of various means of information collection,the mechanism of "informed consent" has failed.Fourth,there is the prominent problem of strong criminal law,weak civil law,and weak administrative law.As for the legal regulation path of mobile APP personal information collection,first,under the existing legal system,it is suggested to adopt the consumer rights and interests protection law to provide preferential protection for information subjects,and strengthen administrative supervision to form a normal administrative supervision mode.Second,using legislation to improve the current legal system for private law relief,it is suggested to adopt the principle of fault presumption in the principle of personal information infringement.In terms of the supervision system,it is suggested to standardize the qualification of information collection subjects,strengthen law enforcement deterrence,learn from the desktop Internet system,implement the system of "filing","permission" and "special license",and improve the examination obligations of relevant subjects.In the connection of departmental laws,it is suggested to strengthen the civil and administrative legal regulation on the violation of personal information of which has not yet reached "serious circumstances".Third,it is suggested to cultivate the internal governance of information controllers,promote the combination of enterprise self-discipline and legal regulation,and implement the governance mechanism of incentive compatibility.