What is the rule of SMS bombing?

Information security law, right. The peace of personal life was disturbed.

According to Item (1) of Article 1033 of the Civil Code, no organization or individual may disturb other people's private lives by telephone, short message, instant messaging tools, e-mail, leaflets, etc. Except as otherwise provided by law or expressly agreed by creditors.

According to the first paragraph of Article 18 of the Regulations on the Management of Communication Short Message Service, short message service providers and short message content providers shall not send commercial short messages to users without their consent or request. If the user explicitly refuses to receive commercial short messages after agreeing, it shall stop sending.

Analysis:

First of all, information including telephone numbers belongs to personal information. Personal consent should be obtained for the collection and use of personal information, and this consent should be made voluntarily and clearly on the premise that individuals are fully informed. Secondly, the collection of personal information should follow the principles of legality, justice, necessity and honesty.

Article 16 of the Personal Information Protection Law clearly stipulates that a personal information processor shall not refuse to provide products or services on the grounds that an individual does not agree to process his personal information or withdraws his consent; Processing personal information is not necessary to provide products or services. So we can't simply use other people's information on the grounds of improving service quality, pushing information directionally and developing new products. In addition, the scope of membership services is different, and it is impossible to collect and use consumer information with general "authorization" to avoid the responsibility of personal information protection.

At the administrative guidance meeting held by the Information and Communication Administration of the Ministry of Industry and Information Technology, it was also clearly pointed out that the registered users of the platform agreed to send promotional information directly by default, and the platform merchants used the loopholes in the platform rules to send marketing messages, which was more prominent and obviously infringed on consumers' rights and interests.