Research On The Protection Of Personal Information Rights Of Mobile App Users

In the era of mobile Internet,mobile APP has become the most important Internet service platform and information carrier,and mobile APP infringes users’ personal information right from time to time.This paper deeply analyzes the existing defects and deficiencies in the theory and practice of the protection of the personal information right of mobile APP users,and puts forward some suggestions on how to protect the personal information right,which is expected to be helpful.In the introduction part,the author expounds the background and significance of the topic,briefly explains the research content and methods,and points out the main research framework and innovation points of the article.In this paper,the author conducts an empirical analysis on the behaviors of mobile APP infringing users’ right to personal information,and selects the survey report of mobile APP user satisfaction in recent years,the notification of the Ministry of Industry and Information Technology on the rectification of infringing behaviors,as well as relevant judicial judgments and typical cases.The author makes a brief summary of the legislative status quo of the protection of the right of personal information of mobile APP users outside the territory and the academic viewpoints of scholars.In view of the existing problems in the protection of mobile APP users’ personal information rights,the author has carried out an in-depth analysis.The existing problems mainly include legal theory and judicial practice.The legal theory aspect mainly includes the connotation reconstruction of the user’s personal information right,the unclear ownership of the user’s personal information data,the unclear boundary of protection and reasonable use and so on.At the level of legal practice,it mainly discusses the blockage of users’ rights protection channels,the unreasonable establishment of the principle of liability and the burden of proof,and the lack of self-regulation of industry associations.In view of the existing problems,the author mainly elaborated from three aspects: perfecting the theoretical basis of personal information right,perfecting the protection mechanism of users’ rights and interests,and strengthening the industry autonomy.In terms of improving the theoretical basis,it includes clarifying the rules of user’s personal information data ownership allocation,dividing the legal classification mechanism of personal information,clarifying the boundary of user’s personal information protection and reasonable use,and explaining the public goods attribute of personal information,so as to put forward reasonable suggestions from the legal theoretical level.In terms of protecting the rights and interests of mobile APP users,the author mainly discusses the introduction of punitive compensation mechanism,reasonable adjustment of the principle of liability and burden of proof,and clarification of damages compensation standard based on the existing problems in the current judicial practice,hoping to provide a new perspective for strengthening the judicial practice.In the aspect of strengthening the industry autonomy,the author mainly elaborates from two aspects: strengthening the industry self-discipline supervision and strengthening the administrative supervision to the industry association.Industry autonomy is an important supplement to government supervision.Strengthening industry autonomy can not only promote the orderly development of the industry,but also make up for the lack of government supervision.