Just net Beijing on June 1 report (Yang Jingru of reporter of learn on job) this year January, industry letter ministry answered a netizen in Chinese government website about " it is difficult that network platform and account of individual of mobile phone APP are cancelled " problem, after expressing to end use service in the user, the person that service of news of telegraphic business operator, Internet is offerred should provide the service that cancels Zhang order for the user.
5 months went nowadays, although of most platform cancel a service to had gone up line, but reporter discovery, network platform guards a pass to what Zhang date cancels it may be said " trick 100 " , a mobile phone receives test and verify to pile up the Zhang name that can register directly, condition of close examine and verify and trival application order need when cancelling.
Register it is difficult to be cancelled easily
Tremble sound cancel an interface.
Small gain cancels an interface.
Before before long, the Zhang date that the reporter rolls out to a few platform cancelled a function to undertake trying, it is difficult to discover the operation rises heavily.
It is with shaking phonic platform hotly at present exemple, wait for date of Zhang of tripartite platform to be able to be registered directly through small letter, small gain, today's top headlines login, and when cancelling, be bound to decide a mobile phone by clew need full 3 months just can apply for to cancel.
When the reporter is trying to cancel order of small gain Zhang, be informed to need to satisfy " refer on commonly used mobile phone cancel application " , " date of Zhang of other APP, website already was solved bind " wait for 7 conditions ability to apply for. But because time is ages ago, bound the Zhang number that decided what other website to had been unable to call to mind now at that time, whether those Zhang date can land solution to bind normally still also is unknown. Under heavy toll-gate, cancel order of a Zhang successfully, need time not only, need lot even, can compares difficulty " in lottery " .
"Still storing in the account that thinks of oneself are forgotten quickly privacy information, there is a big stone in the heart. " a few those who want user unpleasant him attack by surprise that abandans Zhang date is anxious, and if disrelish a trouble to be not cancelled, the privacy that is faced with a likelihood to bring again is divulged wait for a problem.
To this, huadongli is versed in Qin Tao of associate professor of university law courtyard expresses, from the point of foreign judicatory practice, of privacy of average citizen individual " authority be oblivioused " had obtained partial nationality approbate, although at present internal law law still is not had " be forgotten to counterpoise " this one view, but the right that laws and regulations of our country relevant law provided clearly also to the user has requirement operation business to delete information.
Basis " law of safety of network of People's Republic of China " the 43rd regulation, the agreement with the bilateral perhaps regulation of lawbreaking, administrative regulations collects the person that the individual discovers network operation, use its individual information, the person that the person that have operation of power demand network deletes; of its individual information to discover network operation is collected, the its individual information of memory has a mistake, the person that have operation of power demand network gives correct. Network operation person ought to adopt measure to give delete or correct.
Labour believes a ministry " telecommunication and regulation of protection of information of Internet user individual " the 9th specific also provision, the person that service of news of telegraphic business operator, Internet is offerred is stopped in the user after use telecommunication serves or Internet information serves, ought to stop to collect and be used of information to user individual, offer for the user cancel number or the service of Zhang date.
Although set according to law, when the user is divulged to bring about rights and interests to be damaged because of information, can hold damages responsibility to tort unit, but in Beijing Yang Jian of executive director of office of big vasting attorney looks, rely on user individual to take legal step only Lai Weiquan is not actual.
"This kind of case compensates for a standard without unified tort, and obtain evidence difficulty is great. " Yang Jian expresses, "Cancel account to delete individual information, more the risk that reduces information effectively to divulge. More the risk that reduces information effectively to divulge..
Do not cancel Zhang date to have a risk, walk along a program to cancel too complex. In know " how to cancel sina small gain " in interlocution, a few users were shared follow game is permanent of the property that seal date " standard of size of cutout of little black room " , pretend oneself Zhang order into namely " corpse pink " or sell vermicelli made from bean starch " sale date " , await others to inform against his to perhaps inform against his with him trumpet. This kind of answer is in many netizens " measure in person effective " under, high even bank note obtained assist to become an user " have no way out " under the most convenient method.
Additional requirement may involve abusive individual information
Although be in,each just supervise and urge under, close paragraph of time, of each large network platform cancel a function " 1000 breathe out 10 thousand call out only then come out " . But, still a few platform took evasive attitude, did not build cancel a mechanism. The reason is need keep user base, raise commercial value to wait.
Cancel to rejecting account, no matter be " telecommunication and protection of information of Internet user individual set " or " network safety law " , made clear chasten act. Former regulation, "Instruct deadline to correct by powers and authorities of office of telegraphic administration basis, give warning, can be in 10 thousand yuan of above 30 thousand yuan of the following amerce " , latter fines besides the regulation outside, still set " the clue is serious, can order halt relevant business, close down is rectified, shut website, revoke relevant business license or revoke business charter. Can order halt relevant business, close down is rectified, shut website, revoke relevant business license or revoke business charter..
And the heavy toll-gate that takes normal course, can initiate eventually after cancelling application, side of certain application material makes the user makes bad as much. Wait for platform like small gain, the enrollment that in cancelling a data, needs to provide Zhang number time, register a place, still need to include an individual to hold the photograph of Id.
"If the user uses mobile phone date to register only, but when cancelling, need to refer again hold certificate to illuminate or biology identifying information, it is network operation actually person be collected again and used new information. " Qin Tao is analysed.
Yang Jian thinks, the user registers Zhang name is with tripartite platform establishs relationship of a kind of contract substantially, calculate the additional requirement that needs to offer to cancelling information to proper,exist gender and necessity, also need to be made clear when register fair show.
"If did not try to agree to this in former privacy policy, attribute abusive individual information. " Qin Tao emphasizes.
In suffer visit an expert to look, what register according to account is convenient sexual principle, cancel should with " former road is cancelled " for appropriate, namely user with why be being planted means is registered, with why be being planted means is cancelled. To the user character, to protect individual information security, still need to raise oneself to be on guard consciousness, when registering use Zhang name discretion reads privacy article, abide by offer principle, finite accredit principle the least, reject excessive requirement to get the platform of individual information.
Platform should seek the balance between protective information and convenient user
According to the net the letter handles a series of provisions that strengthen Internet information and safety administration, qin Tao thinks, tripartite platform asks date of use mobile phone registers Zhang date to also put those who make in real to the network name to think. "If be,in network fact the name formulates the tripartite platform inside limits, date of use mobile phone is registered have rationality more. If be,in network fact the name formulates the tripartite platform outside limits, can adopt means of other test and verify to replace mobile phone number, use mailbox to undertake registered for example. Use mailbox to undertake registered for example..
Platform cancels Zhang order the program to complication, go up objectively those who increased an user cancel cost, tell from this angle, platform ought to simplify cancel an order. But, cancel an order too simplify, may appear the circumstance that ill will cancels, go against the protection of pair of users and platform. Accordingly, if why simplify inside the limits that the risk can accuse,cancel the key that the program is a problem.
To this, qin Tao thinks, can platform offer date of two kinds of Zhang to cancel service: at the same time? Does of stew Zhuang ⑾ spit of Zhuang ⑾ ?
To choosing the user that cancels quickly, tripartite platform can ask the user provides further proof information (it is premise with there is relevant regulation in former privacy policy, involve) of abusive individual information otherwise, platform gets an user user Zhang order is cancelled instantly after cancelling a request.
And slow to the choice fast the user that cancel, platform can ask the user passes mobile phone date and code of mobile phone test and verify to undertake cancelling only, install to transfer period, transfer period inside Zhang date is in freeze state, if be put in the circumstance that ill will cancels, the user is OK date of appeal defrost Zhang, transfer period Zhang order is cancelled instantly after the end. The ill will that can answer effectively to be brought to cancelling a program to simplify so cancels a circumstance.
And after Zhang date is cancelled, oneself pertinent information disappears whether completely, also be one of problems that the user cares most. There is relevant media coverage before this, after Zhang date is cancelled, the user although cannot oneself examine Zhang number information, but stick in Baidu wait for gregarious media platform to go up, cancel the content that Zhang date once released to wait to still can be browsed. This also is meant, pertinent information still stores actually in interiorly server.
Be aimed at this one phenomenon, qin Tao thinks, the information that cannot delete thoroughly, platform ought to undertake faceless change processing. "Alleged and faceless change, those who point to is the part that individual information can identify in moving to be occupied except individual number, pass law of this one party, data main body won't be identified again. " Qin Tao explains, faceless the data after changing processing not merit individual information protects relevant law adjust, " network safety law " also undertook to this except sets the 42nd times. The enterprise should ask according to law the individual data to the user did faceless processing only, OK and reasonable use.
"Anyhow, ought to enhance pair of penalty strength that violate compasses enterprise, ability has the effect of deterrence. " Qin Tao expresses.
