| At present,the rapid development of a new generation of information and communication technology represented by the mobile Internet has constantly spawned new forms of business and new models,and promoted the vigorous development of various mobile Internet applications(APPS).The number of apps in China and the scale of users continue to expand,which has become a key field of personal information protection.While the development of mobile Internet coruscates new vitality,it also brings a series of problems of infringing users’ personal information rights and interests.Therefore,it has become the core issue of App personal information protection to regulate App personal information processing behavior and explore legal protection path.There is no official definition of "mobile Internet application" so far,most people use "App" in daily life.App has a wide range of personal information collection,strong concealment of information processing,fragmentation and immediacy of personal information collection,etc.,which constitute the typical characteristics of App personal information processing.This also determines that the governance of App has its particularity,requiring special legal norms to guide information processing behavior.The definition of "personal information" is involved in many places in China’s current laws,such as the Personal Information Protection Law,which took effect in 2021.Legal concepts not only affect the certainty of legal application,but also affect the expectation of public behavior.The existing definitions need to be further improved to help judicial practice and public self-restraint.The tension between personal control and social control continues to expand along with the constant publicization of personal information attributes.At present,citizens can effectively avoid the risk of information technology domination by using the public compulsion and rational governance of state organs.This paper introduces several typical behaviors of App infringing personal information,covering the whole cycle of personal information processing.Collecting personal information without users’ consent or beyond the scope of personal information is a common infringement in the early stage,which has been greatly improved after a series of governance.News of App using algorithms to implement "killing" of big data has long been common,and it is difficult to regulate the law enforcement of "killing" of big data.In recent years,there have been news of App information disclosure in China,including insider trading and hacker attacks.Not only that,the threat to users extends to deleting information and canceling accounts.In the light of common infringement,the relevant departments launched a series of rectification management actions.Governance plays a certain effect,but not last,therefore,in addition to the electronic commerce law the minors protection act "consumer rights and interests protects a law" and other laws have relevant regulation,from 2012 to 2021,the national launch and implement the "law of network safety" data security act and the personal information protection act.The Personal Information Protection Law involves many provisions on the protection of App users’ information.In general,the number and operability are limited.Laws regulate the protection of personal information from the top-level design,so the country also needs to formulate more detailed and quantitative standards to ensure the operability of laws.As the demand for risk prevention and control of personal information has reached an unprecedented height,the role positioning of administrative supervision has also changed.Currently,there are four administrative departments involved in App personal information protection,namely cyberspace Administration of the CPC Central Committee,Ministry of Industry and Information Technology,Ministry of Public Security and State Administration for Market Regulation.In addition to the above four departments,administrative departments involved in medical care,public health,education and other related fields can exercise supervisory powers in accordance with the law.The Law on the Protection of Personal Information adheres to a multi-agency regulatory framework,with the CAC playing an overall regulatory role.The core issues such as who should supervise,whom to supervise and how to supervise have not been fully resolved,resulting in the overlapping of power and responsibility in reality,and law enforcement conflicts are very common.The fifth part of the article is some solutions to the above problems.In terms of legislation,improving the compliance of privacy policy should be one of the priorities of legislation.Cross-border flow of personal information has become the development trend of digital trade.The Law on the Protection of Personal Information,the Law on Network Security and the Law on Data Security both involve cross-border flow of information,but there are no provisions on the factors that need to be considered in security assessment.As the first line of defense for the protection of App users’ information,the current legislation lacks provisions on the obligations of mobile App stores,which leads to the failure of App stores to fulfill their responsibilities.Under the background that the personal Information Protection Law has determined the administrative supervision system,the establishment of the list of administrative authorities’ law enforcement powers can effectively alleviate the problem of law enforcement conflicts.Of course,the existing effective experience outside the region can be used for reference in future legislation.In the aspect of administrative supervision,the author puts forward the idea of administrative supervision system of personal information protection,that is,the establishment of special agencies for personal information protection.Matching with specialized agencies is scientific law enforcement measures and standards,this paper mainly introduces the fine.In addition,the implementation of joint law enforcement is the future law enforcement trend,not only can make full use of administrative supervision resources,but also can effectively achieve regulatory objectives.The judicial relief of personal information rights and interests is an uncertain link in the chain of personal information protection,among which,the distribution of burden of proof is the key to balance the two litigations.This paper proposes the construction idea of dual attribution path of personal information infringement.As one of the highlights of the Personal Information Protection Law,the public interest litigation system of personal information protection needs to be refined in future legislation and judicial interpretation.This paper introduces the current threat of App to personal information,and reveals that sufficient attention should be paid to regulating the behavior of App handling personal information.At the same time,through the analysis of China’s legislation,law enforcement and judicial system related to personal information protection,put forward suggestions to improve App personal information protection. |
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