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法学coursewor:Advise FriendChina.cn of its privacy obligation(2)

时间:2019-08-15 10:58来源:未知 作者:anne 点击:
Question2 The Cyber Security Law of the peoples Republic of China came into effect on June 1, 2017, which is an important milestone in the establishment of strict network governance guidelines in Chin
 
Question2
The Cyber Security Law of the people's Republic of China came into effect on June 1, 2017, which is an important milestone in the establishment of strict network governance guidelines in China. 
According to the provisions of the Cyber Security Law for certain types of entities, this law is obviously more suitable for network operators and critical information infrastructure operators. For example, the definition of "network operator" in the Annex to the Cyber Security Law applies to almost all Chinese enterprises that own or manage their networks. In addition to traditional information technology, network service providers and communications enterprises, the Cyber Security Law can also be understood to cover all industries. Therefore, it can be said that any enterprise (regardless of size, domestic or multinational) in China through the operation of the network (including websites and internal and external networks) Business, and the provision of services or data collection, are likely to be included in this approach. In this case,FriendChina.cn,as a social networking platform , the personal information of many users is in its hand , and surely is the subject of the law.
The fourth chapter deals of the with information security, especially in the protection of personal information. According to the definition in the Supplementary provisions of the Cyber Security Law, personal information refers to all kinds of information which are recorded electronically or by other means and can be combined with other information to identify individuals. Includes name, date of birth, ID number, personal biometric information (e.g. fingerprint, facial recognition, retinal scan, address, telephone number and other similar personal data). In this case, Anyone who wants to join friendchina.cn can sign up for a free account. To open an account, individuals must provide their first (given) name, gender, date of birth, and the name of the city in which they live. They were also asked to express their interest by checking selected items from a list of styles including music and movies. These personal information conform to the definition of "personal information" in the Cyber Security Law.
With regard to the information security of the network , the law provides the following relevant obligations: Article 40 stipulates Network operators shall strictly keep confidential the user information they collect and establish and improve the system of user information protection.Article 41 stipulates network operators collect, use personal information, and should follow legal, legitimate, necessary principles, and should be consented by the collector. The network operator shall not collect personal information which is not related to the services provided by him, shall not collect and use personal information in violation of the provisions of the laws, administrative regulations and rules and the agreement with the users, and shall Process the personal information it holds in accordance with the provisions of the law, the administrative regulations and the agreement with the users.  In this case of Friendchina.cn,The company's "privacy policy" stipulates that "friendchina.cn will not collect or retain any personal identity information and will not transmit such information to any third party at any time." The system may have collected some personal identity information as opposed to the privacy policy on its home page. This violates the relevant provisions of articles 40 and 41.
Network operators shall take technical and other necessary measures to ensure the security of personal information collected by them and to prevent information from leaking, damaging and losing. In case of leakage, damage or loss of personal information, remedial measures shall be taken immediately, and timely notification shall be made to the user and reported to the competent authority in accordance with relevant regulations.The hackers used SQL injection attacks on friendchina.cn to install common hacking programs on their corporate networks. Hackers are used to find sensitive personal information stored on corporate networks and transmit it over the Internet to computers outside the network. As a result, hackers gained unauthorized access to thousands of users' information, Forged bank accounts and took out loans in their name, which caused personal information to be stolen by hackers and caused huge losses to users. According to the obligations above, the website did not implement appropriate technical measures, resulting in data theft. The web site should be held accountable.In the event of personal information disclosure, damage, or loss, friendchina.cn did not take reasonable remedial measures to prevent the situation from spreading, resulting in the loss of the user.
Article 64  of the Cyber Security Law where a network operator or provider of a network product or service violates the provisions of the third paragraph of articles 41 to 43 of this Law, and infringes upon the right of personal information to be protected according to law, Shall be ordered by the competent department concerned to make corrections, and may, in accordance with the circumstances of the case, be given a single sentence or concurrently impose a warning, confiscate the illegal proceeds, and impose a fine of not less than one time but not more than 10 times the illegal income. If there is no illegal income, the offender shall be fined not more than 1,000,000 yuan.The directly responsible person in charge and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, they may also be ordered to suspend relevant business, close down for rectification, close down the website, and revoke the relevant business license.According to this Article, the company and the responsible person shall be held responsible if the consequences are serious.
Even many well-known multinationals face the same challenge when they operate abroad. They don't know what data they collect, how it is used, or where it is located. These in the establishment of a solid network security foundation formed a constraint. With the implementation of the Cyber Security Law, it becomes more important for enterprises to review their current operations, especially for data-related businesses, so as to ensure that enterprises comply with laws and regulations. 
Consumer Law provides that the Consumer in the purchase and use goods and services, enjoy the rights of human dignity, national customs and habits respected, shall enjoy the right of name, image rights, privacy and other personal information are protected rights. In this case of friendchina.cn, The company 's "privacy policy" stipulates that "friendchina. cn shall not collect or retain any personal identity information and will not transmit to the information to any third party at any time." The System may have collected some personal identity information as opposed to the privacy policy on its home page.It can be seen from this point that the privacy of citizens has been violated and the company should bear the responsibility of consumer law.
Tort law clearly puts forward the protection of citizens' privacy right, and infringement of citizens' privacy right shall be liable for Tort. Friendchina.cn collects users' identity information without their consent, and finally the information is leaked, resulting in property losses. Friendchina.cn is liable for infringement of citizens' privacy rights.
 


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