17 APPs in Sichuan and Chongqing infringed on the rights of users. What legal provisions did they violate?

A number of APP software in Sichuan and Chongqing areas are under investigation for allegedly infringing on consumer rights. The main problems of these types of APPs are forcing users to use targeted push functions, undisclosed collection and use rules, and illegal collection of personal information. etc. It has violated the relevant provisions of the Cybersecurity Law and the Civil Code and needs to be rectified. If the circumstances are serious, relevant penalties will be imposed under the Criminal Law.

According to the clear provisions of Article 41 of my country’s Cybersecurity Law. Network operators must follow the principles of legality, legitimacy and necessity when collecting and using personal information. Publicly disclose the collection and use rules, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of the persons being collected. Network operators shall not collect personal information unrelated to the services they provide, shall not collect or use personal information in violation of the provisions of laws and administrative regulations and the agreements between the two parties, and shall process and store it in accordance with the provisions of laws, administrative regulations and agreements with users. personal information.

According to the provisions of Articles 1032 and 1034 of our country’s Civil Code. No organization or individual may infringe on the privacy rights of others through spying, intrusion, leakage, disclosure, etc. The personal information of natural persons is protected by law, including the natural person's name, date of birth, ID number, biometric information, address, telephone number, etc.

According to the provisions of Article 253 of my country’s Criminal Law. The crime of infringement of citizens' personal information violates relevant national regulations and sells or provides citizens' personal information to others. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined or solely; if the circumstances are particularly serious, he shall be sentenced to not less than three years and seven years. The following shall be punishable by fixed-term imprisonment and a fine.

In this incident, 17 apps in Sichuan and Chongqing all forced users to use targeted push functions and collected users’ browsing history, usage habits and other information, and the collection was done without the users’ knowledge. . It has violated the Cybersecurity Law and the Civil Code. The APP uses the collected information to forcefully push advertisements to users and conduct marketing. Some APPs also collect users’ personal information privately without the user’s consent to the privacy policy. The above behaviors have not caused losses to users, but they do not eliminate risks. Therefore, relevant departments require rectification.