2019-04-23 05:52:57 Source: Legal Daily
The collection of insignificant personal information must be approved by the guardian
Draft Privacy Act of the Civil Code to Increase the Protection of Personal Information of Minors
This reporter Zhu Ningning How to protect personal information in the Internet era? On April 20, the draft Civil Code Law was again submitted to the Standing Committee of the National People's Congress for discussion. Among them, the provisions on personal data protection are one of the important revisions of the second review draft, which has caused wide concern.
The second draft review enhances the protection of the personal information of minors.If the collection of the use of minors or other persons without civilian capacity or restriction of personal information with civilian capacity is obtained, the consent of their guardians is provided, but otherwise laws and administrative provisions. Except. This means that companies that collect and use minors' personal information are not only required to check whether the other party is a minor or not, but also need the consent of the guardian, otherwise it is illegal.
With the popularity of mobile internet and the use of IoT devices, such as intelligent wear, the collection of personal information is becoming more and more concealed. Although there is user behavior or Internet registration, personal information will be collected more or less . After the accumulation of personal information with multiple sources, it can even form a full personal portrait and real-time tracking according to what is called "portrait data." Leakage of personal information can cause inconvenience and interference in privacy, but property may be damaged and more serious can lead to a tragedy in life.
"The protection of personal information, especially with regard to better protection of the rights of minors in the age of the Internet, is a major concern of the whole society. The second review draft underlines the importance of collecting information on minors through the guardian's consent. Wang Liming, Deputy Secretary of the Party Committee and Vice President of Renmin University of China, said that minors are the most active group of Internet users, but minors are in an age of sensitivity, impulsivity and immature mind. It is vulnerable to violations, and if personal information has expired, it can pose a major threat to personal safety, which requires legislation that protects minors' information personally.
It is worth noting that the Privacy Act is included in one class of legislative projects in the five-year legislative plan of the 13th Standing Committee of the National People's Congress. "From the point of view of operability, some of the content of the current rights of personality are primarily a declarative provision and are especially dependent on the next step of the Privacy Act to make more detailed provisions," Wang Liming said.
Wang Liming also pointed out that it is necessary to adopt measures to categorize online gaming to limit the generation of harmful information such as violence. There should also be special provisions for organ donation of minors: "These rules should also be recorded in the right of the individual".
In addition, for the protection of personal information, the second draft also clarifies the confidentiality obligations of public authorities and their employees with regard to personal information they are aware of in the course of their duties. "When a state is involved in public management, its act of collecting personal information is immune, and in many cases, much of the personal information can be collected without the consent of the parties. Understand privacy, personal information is confidential, or take measures to prevent leaks and obligations to prevent leakage has a major impact on society as a whole. " d Liming.