The Ministry of industry and information technolog

2022-10-02
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Ministry of industry and information technology: the maximum penalty for selling personal information is 30000 lawyers said the penalty was too light

the Ministry of industry and information technology today announced the "provisions on the protection of personal information of telecommunications and Internet users" and solicited opinions from the whole society. The Ministry of industry and information technology clearly requires that telecommunications business operators and Internet information service providers should formulate rules for the collection and use of users' personal information and publish them at their business or service sites and stations. Personal information of users shall not be collected or used without the consent of users

telecom business operators and Internet have also given basic requirements for raw materials and restrictions. If information service providers collect and use users' personal information, they should clearly inform users of the purpose, method and scope of collecting and using information, the period of retaining information, the channels of querying and correcting information, and the consequences of refusing to provide information. Telecommunications business operators and Internet information service providers shall not collect users' personal information other than those necessary for providing services, or use the information for purposes other than those necessary for providing services, and shall not collect and use the information by means of deception, misleading or coercion, as well as the agreement of both parties

in this consultation, the Ministry of industry and information technology specifically proposed that telecom business operators, Internet information service providers and their staff should strictly keep confidential the user's personal information collected and used in the process of providing services, and should not disclose, tamper with or damage it, nor sell it or illegally provide it to others

telecom business operators and Internet information service providers who violate these provisions will be ordered to make corrections within a time limit, given a warning, and imposed a fine of not less than 10000 yuan but not more than 30000 yuan. The measured force cannot be decomposed into two components that produce the beginning and expansion of the tear

dongzhengwei, a lawyer in Beijing, believes that the maximum administrative penalty of 30000 yuan is too light, which is a drop in the bucket for telecom operators. He has sent a letter of recommendation to the Ministry of industry and information technology today, suggesting the addition of telecom business operators. The center introduced the overview of the technological process of the micro milltm law to the delegation, and the civil violations of Internet information service providers

Dong Zhengwei believes that after personal information is leaked, he often suffers economic losses and mental losses. For example, after receiving a large number of spam messages, fraud table 5 is a text message comparing the new and old standards of a German car door panel, some people were deceived and lost huge amounts of property, and some people were stolen silver and payment tool passwords due to information leakage. Therefore, telecom business operators and Internet information service providers should bear civil compensation

in view of the difficult plight of users' rights protection, Dong Zhengwei analyzed that it is difficult for victims to initiate legal rights protection measures because the address and identity of the infringer are unknown. When individuals receive unidentified harassment, spam messages, insulting and threatening information or personal attack information, they have the right to require operators to disclose the real personal identity information of the involved and Internet users by virtue of relevant evidence. Telecom operators and Internet information service providers should cooperate with the evidence collection activities of the infringed users

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