The Protection Of Privacy In The Location Based Service

In recent years, mobile location technology have fast development, the commercialization oflocation-based services have developed from simple positioning of the GPS on vehicle to mobilelocation technology, which pervasive in public life. But many problems come with theconvenience at the same time. Mobile positioning infringement occurred in commercialapplications and detects. Google illegally collected users ’personal information’ and The PublicSecurity Bureau of Xia county abused mobile location tracking case reflects the backwardness ofthe relevant legislation in China. Throughout our legislation, only the "Tort Liability Act" and"Criminal Law Amendment (g) of Article253citizens Privacy slightly involved, there are still a lotof blank area. Telecommunications Act" had not finished in twenty years, and the "PersonalInformation Protection Law "legislation stagnating in the last ten years. Therefore, invasion ofprivacy hazards of mobile location as a starting point, by analyzing the main body of responsibilityelements, finalizing the main responsibility, and strive to improve the protection of personalinformation mobile positioning this field blank.The first part describes the basic concepts of mobile positioning, such as characteristics,operation mechanism, and then analyzes the positive and negative effects of real-worldapplications, the main negative effects of proposed legal issues faced by the mobile phonepositioning. Mobile positioning is in urgent need of legal regulation there are two aspects of thecommercial use of government authority. Commercial use of the location-based services easy todivulge the location of the user information to third parties generally should content providers,content providers and through the integration of user information targeted products advertising,both jointly against the user’s privacy and tranquility rights. Authority may collect locationinformation tracking citizens, the abuse of public power or in legally obtained illegally leaked,infringes upon a citizen’s right to privacy. These are mobile phone technology.The second part focuses on mobile location-based services, privacy violations identified. Personal information on the application is divided into commercial and non-commercial, thecommercial subject can be divided for telecom carriers and non-telecommunications carriers.Telecom operators during phone location services should fulfill the internal regulatory obligationsand external regulatory obligations, the non-telecom operators should make to the notificationobligation, the obligation expressly authorized obligations and established channels of user queries.Personal information on mobile location service providers should take the presumption of fault tortresponsibility principle. The reconnaissance process using mobile location technology measuresreconnaissance frequent infringement of citizens’ privacy, this should develop a standard to restrictthe use of mobile location technology measures. First, strict examination and approval of "strict"standard must be clear; second, to be clear,"according to the investigation of a crime, the need to"specific connotation; third, to the storage time limit provisions.