Eliminate sales calls, kick big data and kill familiarity, netizens welcome the “Personal Information Protection Law”

Eliminate sales calls, kick big data and kill familiarity, netizens welcome the “Personal Information Protection Law”

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According to Unshared News: The same takeaway becomes more expensive, and in the end, I never eat it again; if you don’t agree with the app to get the data, you can’t use it, and there is no room for rejection; messy sales calls can always accurately report the name, and there is another one if it is blacked out.


This bad experience comes from the leakage of information, and this personal information is always easy to “running naked”. Obviously, it was just a simple wave, but together with the user data of 500 million netizens, it was sent to the dark web for sale on Weibo; or happily received a courier, and in a blink of an eye, it was leaked by the courier company along with 400,000 unlucky individuals. Information; or going out for a trip, drowning in room opening data among 130 million people, was sold on the dark web by listed hotels.

Information leakage is pervasive. It penetrates every corner of life, making people panic all day long but helpless.

Fortunately, all this has finally turned around. On November 1, the “Personal Information Protection Law of the People’s Republic of China” (hereinafter referred to as the “Individual Protection Law”) was formally implemented.


Compared with the Data Security Law Technology (hereinafter referred to as the “Data Security Law”), the personal information protected by the “Personal Security Law” is more important and the punishment is greater. For companies with serious circumstances, the “Digital Security Law” imposes a fine of not less than RMB 2 million and not more than 10 million yuan; and the “Personal Security Law” imposes a fine of fewer than 50 million yuan or less than 5% of the previous year’s turnover. Legal experts Yue Dishan analyzed that buying and selling personal information can be punished with up to 7 years in prison.

In addition, the “Individual Protection Law” also transformed the role of the Internet platform from a “perpetrator” of leaking information to a “gatekeeper” for protecting information. On the eve of the implementation, major platforms have revised the APP privacy clauses, and many APPs launched the youth model to welcome the upcoming “Personal Protection Law.”

All of the above means that those industries that wander in the gray area will be uprooted, apps that excessively obtain user information will be rectified, and well-known big data, bandit-like APP terms, and disturbing sales calls will all become a thing of the past. Mode.

Say “no” to the app

The “Personal Protection Law” that came into effect this time focuses on individuals and is the law’s best response to cybersecurity issues in recent years.

The law focuses on “regulating personal information processing activities”, including the collection, storage, use, processing, transmission, provision, and disclosure of personal information. Information leakage and online fraud that you usually encounter cannot escape these links.

Specifically, the “Personal Protection Law” puts the power of information processing in the hands of individuals, and establishes personal information processing rules with “information-informed-consent” as the core. The “Personal Protection Law” expressly stipulates: “In the case of processing personal information based on the individual’s consent, the consent shall be made voluntarily and clearly by the individual with full knowledge. Laws and administrative regulations stipulate that the processing of personal information shall obtain the individual’s individual consent or written consent. , Follow its regulations.”

In the future, when developers use data, they must tell users what data will be collected and what uses are used. If the user regrets, this right can be withdrawn, and the developer should terminate the data collection in time.

In response to hot issues involving automated decision-making of personal information such as “big data familiarization” and “algorithm recommendation”, the “Personal Protection Law” mainly makes two provisions: one is to ensure the transparency of decision-making and the result is fair and just; the other is not to Unreasonable differential treatment is imposed on individuals in terms of transaction prices and other transaction conditions.

One is to circumvent the information cocoon brought by “algorithm recommendation”, so that people will not only see one voice forever, and the number of radicals on the Internet may be greatly reduced in the future. The second is to fight hard against “big data”, and there will be no such thing as “a friend spends 500 yuan to buy something, but I will spend 700 yuan”. It’s everyone’s right to order your favorite takeaway, go where you want to go, and spend a reasonable amount of money to do everything.

Pay equal attention to “protection” and “utilization”

For enterprises, the implementation of the “Individual Insurance Law” is not necessarily a bad thing.

The “personal information” in the “Personal Protection Law” refers to various information related to an identified or identifiable natural person recorded electronically or by other means, and does not include anonymized information. This is the first time that the law has made it clear that “personal information” does not belong to personal information after being anonymized.

It can be seen that the “Personal Protection Law” is not simply “protection”, but pays equal attention to “protection” and “utilization”. It clarifies the boundaries of the use of personal information, giving Internet platforms a little breathing room.

This is of great benefit to Internet companies whose core business is advertising. After Internet companies track user data, they use anonymously processed information to construct rough user portraits, which are then sent to advertising companies for precise placement.

How important is advertising to an Internet company? According to Bloomberg News, Bytedance’s 2020 advertising revenue is 183.1 billion yuan. Accounted for 77% of actual revenue in 2020. In April of this year, Apple introduced a privacy policy for transparent tracking of apps. Developers can only collect data with the consent of users. In just 7 months, it caused nearly tens of billions of dollars in losses to the four major social media platforms such as Facebook.

Granting the identity of the “gatekeeper” to the Internet platform is also the direction that the “Individual Protection Law” guides the entire industry.


The bigger the platform, the greater the responsibility. Internet platforms are divided into the following three levels: super platforms, large platforms, and small and medium platforms. Among them, the super-platform needs to have no less than 500 million annual active users in China, have at least two types of platform core businesses, have a market value (valuation) no less than RMB 100 billion at the end of the year, and have strong restrictions on merchants’ access to consumers (users) Ability.

In addition, the “Personal Insurance Law” sets up a special section for the “rules for handling sensitive personal information”, including biometrics, religious beliefs, specific identities, medical and health, financial accounts, whereabouts, and other information, as well as those under the age of fourteen. Personal information of adults.


To settle in specific areas, each company should pay attention to the different content of protection. Social apps should pay attention to the protection of specific identifying information such as names, addresses, and mobile phone numbers; financial apps should pay attention to the protection of financial information such as bank cards; game apps focus on the protection of minors; online shopping, food delivery, and express apps need to protect their whereabouts more And other location information.

After the “Personal Protection Law” is implemented, the Internet industry will surely build a new order, a society that is not troubled by privacy, perhaps in the near future.


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