Regulation Of Personal Information Collection In Targeted Internet Push Notification

With the continuous progress of science and technology,data has been listed together with labor,capital,land,knowledge,technology and management as the production factors involved in distribution.According to the 47th Statistical Report on China’s Internet Development released by China Internet Network Information Center(CNNIC),the Internet had penetrated 70%of China’s total population,and the number of Internet users in China had reached nearly one billion by 2020.China’s Internet commercial advertising market grew 14.4%and reached to 500 billion yuan comparing to the same period last year,which means the era of Internet commerce had already come.The biggest advantage of the Internet commercial advertising is that it can use big data analysis to help businesses in different industries to target people and achieve targeted advertising,thus improving the conversion rate of goods.Targeted advertising has brought huge dividends to Internet commercial advertising,and has become the hottest form of advertising in the era of mobile Internet.However,with the continuous development of targeted advertising,huge amount of personal information is collected and poses a huge threat to personal information protection.The protection of personal information in targeted advertising needs to be urgently solved,so it is necessary to explore the protection of personal information in targeted advertising information collection.This paper is divided into four parts,the main content is as follows:The first part raises the problem.Starting from the basic concepts of targeted advertising and personal information,the author introduced the development,design,characteristics of targeted advertising technology in China.The author lead to the questions by further introducing the legislative status,dual attributes and judgment criteria of personal information in targeted advertising.The problems include:the object whose information is collected is not clear,the rules of information collection face a dilemma,and the responsibility of data collectors,in this case platforms,is not clear.The second part discusses the classification of users’ online behavioral information.Users’online behavioral information is the information that targeted advertising bases on.Such information refers to the behavior processing data recorded by computer hardware or software during the use of computers and networks by network users.There is no unified conclusion about whether online behavioral information belongs to personal information in China’s legislation and practice.Overseas there are also two viewpoints.The first viewpoint represented by the EU is that cookie data of specific natural persons can be directly combined with other information to identify them as personal data.The other viewpoint,represented by the US,is less inclined to pass legislation on personal information to encourage industry development.Regarding this problem,this paper analyzes that users’ online behavioral information is gradually identifiable.To avoid possible risks to information subjects,users’ online behavioral information should be included in the scope of personal information protection.The third part is the "inform-consent" rule of information collection.The "inform-consent"rule is the core rule and justification basis of personal information protection in China,which embodies the independent control of information subject to personal information."Informconsent" rule in the targeted advertising also gradually reveals its drawbacks,including the implied consent of targeted advertising becoming normal,the relevant policies becoming a mere formality due to the unequal information and unequal status between the user and the collector.Platforms use it as the universal principles and havens for collecting information.In this regard,this paper proposes the improvement of the "inform-consent" rule.The start of targeted advertising should obtain the separated consent of users,and relevant policies should strengthen the openness and transparency to facilitate users’ understanding.Personalized policies should also be actively explored to ensure the effectiveness of users’ "consent".The fourth part is the regulation of platform information collection in targeted advertising.In targeted advertising,the platform plays the role of information collector and information processor,and is in possession of users’ personal information data and advanced information technology.Therefore,it is necessary for the platform to clarify the scope of its personal information protection obligation and undertake the due obligation independently.The platform should fully fulfill its obligation to inform,set different standards of consent based on information classification,and provide users with convenient exit paths in the "inform-consent" rule.In addition,there should be purpose limit,time limit,exemption limit and other limits for the platform,so as to reasonably collect and use personal information.Additionally,external supervision of information collection and industry self-discipline are also essential to the platform.