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Research On The Protection Of Personal Information Of Mobile APP Users

Posted on:2021-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:X C WangFull Text:PDF
GTID:2436330623471602Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
As the value of personal information continues to appear,while the personal information of citizens is being used by various entities,the problem of insufficient protection is becoming increasingly prominent.At present,the right of personal information has not been established in the civil law system of our country,and the legal attribute of personal information is also disputed in academia.As for the judicial practice,the attributes of personal information are differently understood.Besides,the argument in judicative documents always avoid the importance.The research object of this article is the personal information of mobile APP users.The research purpose of this article is to analyze the rules of protecting the personal information of mobile phone APP users from infringement under the balance of interests between mobile phone app users and commercial subject.At the very beginning,this article sorts out key research fields and major achievements that are related to personal information protection in recent years,basing on a large number of documents related to the protection of personal information.It is evident that most scholars generally recognize the significance of a personal information protection law,which is similar to the German personal information protection right protection model.But this traditional personal information protection system focuses on the collection of personal information,ignoring the analysis and working of personal information.By reading the judgement files concerned with personal information,we can learn about the effectivity of the protection in practice,so that the goal of this article is clear.By analyzing the research reports about the information leakage of mobile phone APP in recent years,it is not hard to see the distinction.This article first demonstrates the legitimacy of the protection of personal information.After analyzing the legal attributes of personal information,it proposes that personal information right should be set in private law to protect personal information.Later,a vertical comparison of the mobile phone APP analysis reports of 2017,2018,and 2019 demonstrates the infringement act of mobilephone app is special.By showing the typed data,this article shows the reality that how mobile phone APP infringes personal information of the APP users.Finally,the context integrity theory is introduced,and the rationality of the personal information protection mechanism of mobile APP users based on the theory is discussed.By comparing the protection mechanism with the traditional personal information protection mechanism,the superiority of the APP information protection mechanism based on the context integrity theory is proved.Finally,after distinguishing the contexts,the protection rules based on the context integrity are proposed.The innovation of this article lies in the following two points: One is the innovation from the perspective.This article studies the protection of personal information from the level of mobile APP,analyzes the particularity of personal information infringement by mobile APP,and proposes the protection rules concerned.The second is the innovation of research methods.By comparing and analyzing the evaluation report data of APP information leakage in the past three years,this article disassembles the composition parameters of the context of leaking personal information,so as to specifically explain the legal determination of the tort liability of personal information rights.
Keywords/Search Tags:mobile phone APP, personal information, the variation of different contexts, information protection based on the context integrity theory
PDF Full Text Request
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