Research On Legal Regulation Of Personal Data Collection In APP

The age of Artificial Intelligence is a trifecta of the Internet、Dig Data and Machine Intelligence.As mobile smart terminal applications(APP)are becoming an indispensable and important tool in everyday life,APP operators are taking advantage of their unique advantages in the collection and use of personal data to make the traditional society increasingly digital、transparent and open.On the one hand,the development of APP industry not only brings new economic benefits to modern enterprises,but also helps to improve the efficiency of social public management and public services.On the other hand,the combination of smart mobile terminals and APP mode also makes personal privacy nowhere to hide,and users are completely in a state of “network naked running”,making the so-called privacy protection is just "the emperor’s new clothes".In this regard,this article starts from APP personal data collection,discusses the new features and problems faced by personal data collection under the new business model,and draws on the legal practice of Europe and the United States,and proposes suggestions and countermeasures for the legal regulation of personal data collection from the three levels of value concept、basic principles and legal rules,which can be helpful for China’s personal data protection legislation.In addition to the introduction,the framework of this paper is as follows:The first part: Analysis of the change in the legal regulation of personal data collection and their causes.In-depth into the development process of personal data collection,the legal status of individuals in personal data collection at different historical stages will be sorted out,so as to find out the peculiarities and dilemmas of personal data collection under APP technology compared with traditional collection,and based on this,the reasons for the analysis will be combined with the actual situation.The second part: Inter-subject interest analysis in APP personal data collection practices.The construction of legal regime for APP personal data collection is changing with the development of Internet technology architecture and business model.The law is the social rule for the normative evaluation of behavior,and the era of big data creates new interests and conflicts that require a legal response.This section of the paper values the legal regulation of APP’s personal data collection at the level of the obvious as an important dimension to confirm its legitimacy.The third part: Theory of ownership in the legal regulation of APP personal data collection practices.The development of the theory of the protection of rights in APP personal data collection reflects the changes in the ability to regulate personal data collection in legislation,and reflects the inner logic of the changes in the legal system of APP personal data collection at the practical level,which is also an important part of the theory of legal regulation.Therefore,this section provides further analytical arguments from the three foundational theories.The fourth part: A comparative analysis of models of legal regulation of personal data collection in Europe and America.We compare APP personal data collection under the two legal regulation models from three levels: the choice of values,the grasp of legislative principles and the design of specific systems,and discuss the effectiveness of personal privacy protection under different models and the deficiencies in the promotion of the digital economy,so as to draw on the experience of beneficial legal practices and provide inspirational thinking for the construction of the legal regulation of APP personal data collection in China.The fifth part: Recommendation for the legal regulation of personal data collection in our APP.The intention is to establish the concept of multidimensional tolerance under the value of balance of interests;to reshape the principle of distribution of rights and responsibilities between data subjects and personal data collectors and the legal status;to adopt a flexible approach to design specific legal rules for APP personal data collection with a view to enlightening the systematic construction of personal data protection law in China.