Research On Legal Regulation Of Citizens' Personal Information Collection And Use In Mobile Internet App

With the development of mobile Internet technology,the number of APP users is growing explosively,the leakage of personal information happens frequently.The citizens personal safety and property safety are threatened in a certain extent.Therefore,standardizing the collection and use of APP personal information to finding the balance between personal information collection,utilization and enterprise development from the legal level has become the core issue of APP personal information protection.At present,from the legislative level,China's personal information collection and utilization of the relevant provisions are mostly principle and suggestion standards,the punishment measures for illegal collection are insufficient,only some laws and regulations stipulate the legal liability of information collectors,and there is no system between the provisions from the judicial level,when the citizens' personal information infringement occurs,it is usually through the contract law and tort liability law to protect.Although this traditional way can provide some protection for personal information.But the users and app platforms has financial and technical inequality,it is difficult to people to prove the information managers infringe on Theirs rights.When the rights of information subjects are infringed,they always give up seeking remedies because of the high cost of proof.On the one hand,information collectors continue illegal collection of personal information.On the other hand,it is difficult for the information subject to protect their rights,which is easy to form a vicious circle in the past.From the perspective of law enforcement,although the state has increased the rectification of illegal collection and use of personal information by app.However,there is no special law enforcement agency in China,the punishment of illegal collection mainly adopts the way of joint law enforcement.There are some problems,such as unclear authority,untimely communication,irregular case transfer,inconsistent coordination and cooperation,and lack of unified legal basis for law enforcement.This paper studies the definition and characteristics of APP personal information,the definition and types of collection,and the principles that should be followed in the collection and utilization of personal information,analyzes the legislative,law enforcement and judicial problems in the collection and utilization of personal information,and puts forward suggestions on improving the legal regulation of apppersonal information collection and utilization.For example,at the legislative level,we should formulate special legislation,improve the authorization rules and tort relief rules;at the law enforcement level,we should establish personal information law enforcement agencies and improve the internal supervision of enterprises;at the judicial level,we should clarify the judicial identification of personal information and the application of punitive damages.In order to find a balance between the protection of personal information and the development of the Internet industry,we should use legal regulation to solve the problems existing in the collection and utilization of personal information.