Response of the Supreme People’s Court: app shall not excessively collect personal information

Recently, according to media reports, the Supreme People's court held the first event of the 2021 national two sessions of the Supreme People's court working report series to read the first live interview of the whole media, and the online reading report of hezxiaorong, vice president of the Supreme People's court.

In the Internet era, when people download and install some apps through mobile phones, they will often be asked for content unrelated to the purpose of downloading, such as location, access to device photos, contacts, face types and fingerprint information. If they disagree, they cannot download and use them normally. Consent will bring unnecessary troubles to the follow-up life. How can the people’s court deal with the problem of over collecting personal information?

Response of the Supreme People's Court: app shall not excessively collect personal information

“We will try cases of mobile phone software infringing on users’ personal information and face recognition disputes, and strengthen personal information protection and maintain data security,” the report said

Response of the Supreme People's Court: app shall not excessively collect personal information

Do not over collect personal information

He stressed in response to the reporter’s questions that “the Internet and illegal places outside, APP operators must abide by the laws and regulations when providing services.”. According to the second paragraph of Article 41 of the law of network security in China, network operators shall not collect personal information irrelevant to the services provided.

Article 1035, paragraph 1, of the Civil Code stipulates that when dealing with personal information, the principle of legality, legitimacy and necessity shall be followed, and no excessive handling shall be allowed.

According to this, he Xiaorong said that when providing an app download service, APP operators should not collect personal information unrelated to the application software according to law, otherwise it will be illegal. If an individual is collected information unrelated to the application software during the download of the app, and a lawsuit is filed to delete the relevant personal information, the people’s court will support it according to law.

At the same time, he also mentioned that, for the needs of public interest, appropriate handling of personal information is exempted from liability according to law. According to the relevant provisions of article 1036, item 3 of the civil code, the actor shall not bear civil liability in order to safeguard public interests and handle personal information reasonably.

He stressed that, since public interest concerns the interests of the state and the interests of the non specific majority, the rights of individuals should be appropriately restricted for the sake of the overall consideration of public interests. Of course, public interest is a concept of great flexibility. In order to avoid abuse, the scope of application should be strictly restricted. For the sake of public health and safety needs, it is undoubtedly the category of public interest.