"The social product ZAO and the first case of face recognition were resisted by users because the collection of personal biometric information such as faces was not explicitly agreed by users, the rules for handling personal information in the privacy policy were not clear, and there were problems such as high requirements for portrait rights. After personal information is collected, there is still a risk of data leakage or abuse. " Liao Huaixue, lawyer of Taihetai Law Firm, told Hu Wei.
The right to privacy concerns the personal dignity of the individual, ensuring that the private sphere of the individual is inviolable and prying, and focusing on protecting the peace of private life and the privacy of private information. The discussion and concern about privacy has never stopped, and it can even be said that the broad audience has suffered from privacy leakage for a long time. According to the 20 19 Annual Report on Personal Information Security, 95% of the respondents have experienced personal information disclosure, nearly 80% of the respondents will take the initiative to set privacy-related settings, and about 30% of the respondents are willing to pay for privacy protection.
Privacy protection has a long way to go.
From a legal point of view, in order to protect personal information and privacy, China has successively promulgated the Law on the Protection of Consumers' Rights and Interests, the Law on Cyber Security, the General Principles of the Civil Law and the Regulations on the Administration of Credit Information Industry, initially forming a legal system including civil relief, administrative supervision and criminal responsibility investigation.
This year, legislation to protect personal information and privacy has also made progress. According to lawyer Liao Huaixue, the draft of personality right was reviewed for the third time at the 12th meeting of the 13th the National People's Congress Standing Committee (NPCSC), and the definition of "privacy" was also improved, that is, private space, private activities and private information that natural persons do not want others to know are all within the scope of privacy. At the same time, "e-mail" and "whereabouts information" are included in the scope of personal information, and the main links of personal information processing are clarified. At the same time, it is stipulated that the violation of personal information and privacy is a typical violation of personality rights.
However, the protection of personal information in China is still scattered, and there is no special personal information protection law. "Decentralized legislation is difficult to clarify the division of law enforcement of personal information, which is not conducive to unifying the administrative supervision of personal information protection and is not conducive to citizens' awareness of privacy." Liao Huaixue said.
Lawyer Zhou Xueteng expressed the same view. She believes that in the legal protection of personal information, the number of relevant legal provisions in China is relatively limited and the scope of application is relatively narrow. So far, there is no unified personal information protection law applicable to all information controllers.
Despite the long journey, she also said that from the draft of the Personal Information Protection Law, the law is expected to become a relatively complete law to protect personal information.
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