| In recent years,the public’s awareness of personal information protection has gradually increased,and cases of personal information infringement have been widely discussed on social platforms.Entering a new stage,how to apply relevant laws and regulations in judicial practice,how to improve the system through judicial interpretation are issues worthy of discussion at present.With the rapid development of Internet technology,the carrier and presentation of personal information are diversified and unique,and the ways of being violated are no longer limited.Firstly,clarify the legal attributes of the information involved,so as to determine the basis for the protection of rights;Secondly,define the obligations of the Internet platform involved,so as to determine whether it exceeds the corresponding scope of use;Thirdly,inform both users and the Internet platform of the the extent to which consensus is reached in terms of consent to determine the reasonableness of use.This article takes Huang v.Tencent Technology Personal Information Infringement Case as the starting point,and first topic is how to identify personal information and how to generate disputes when both the Civil Law and the Personal Information Protection Law involve the protection of personal information-related rights and interests.The information is classified as belonging to personal information or privacy rights,and the privacy test can be effectively applied to further classify personal information;secondly,through the collection of user information involved in the case,discuss the circulation of personal information between different application platforms.,to sort out and analyze the authorization models and privacy policies involved,to reduce the risk of infringement under the premise of ensuring normal business operations;at the same time,from the perspective of practice,to study the disadvantages of the current user informed consent methods,such as insufficient notification content,The degree of transparency is low,which affects the user’s independent choice,etc.Finally,it puts forward reasonable suggestions and attempts for the "privacy" test in judicial judgment,and proposes new ways and corresponding measures on how to improve the protection of users’ personal information from the aspects of internal optimization and external supervision of Internet platforms imagine. |
