China Issues Regulations on Mobile App Collection of User Data
CAC, 6/28/16
The Cyberspace Administration of China (CAC) today announced new regulations for mobile app providers and online app stores that update rules regarding the collection and use of users' personal data. The new rules - Provisions on the Administration of Mobile Internet Applications Information Services - will be implemented August 1.
The CAC regulations require app providers to:
1. Take measures to ensure the real identity of registered users, such as using mobile phone number verification methods.
2. Obtain consent from users on the use and collection of their personal information. App providers must clearly indicate the purpose, means, and scope of collection and use of a user's personal details.
3. Establish inspection and management systems for user-generated content. If illegal content is published, the app provider should issue a warning or impose restrictions depending on the circumstances, including suspending app updates or closing the offending user's account. The app provider should keep records and report incidents to relevant authorities.
4. Obtain consent from users to collect location information, call records, or to activate users' cameras or microphones. App providers are also prohibited from bundling unrelated software into their app installers.
5. Respect and protect intellectual property rights. App providers are prohibited from producing or distributing apps that infringe on the intellectual property rights of others.
6. Maintain user records for 60 days.
The regulations also stipulate that online app store operators have the following management responsibilities regarding app providers:
1. Carry out security inspections into app providers. Set up a trustworthiness assessment system and report issues to local Internet administrative departments.
2. Encourage app providers to protect users' information, and provide users with complete information regarding apps' collection of their data and information.
3. Encourage app providers to publish lawful content, establish security audit mechanisms and employ an appropriate number of specialized personnel commensurate with business operating scale.
4. Encourage app providers to publish lawful apps, and respect and protect the intellectual property rights of app developers.
Keywords: regulation wireless app store intellectual property Cyberspace Administration of China mobile application information security
Sending
