China. com May 31 (Reporter Zhang Yanling) The National Internet Information Office today issued the Regulations on the Protection of Children’s Personal Information Network (Draft for Comment), which clearly stipulates that network operators should obtain the express consent of children’s guardians if they collect, store, use, transfer or disclose children’s personal information.
The opinion draft stipulates that network operators should set up special, concise and easy-to-understand rules and user agreements for the protection of children’s personal information, and set up personal information protection commissioners or designate special personnel to be responsible for the protection of children’s personal information.
The collection and use of children’s personal information requires the consent of the guardian.
When collecting and using children’s personal information, network operators shall inform children’s guardians in a significant and clear way. When using or transferring children’s personal information with a third party, they shall conduct safety assessment by themselves or entrust a third party organization, and shall obtain the express consent of children’s guardians. However, in order to safeguard national security or public interests and eliminate the urgent danger of children’s personal or property, the express consent of the child’s guardian may not be required.
When the network operator obtains the consent, it shall also provide the refusal option, and clearly inform the purpose, scope, manner and time limit of collecting, storing, using, transferring or disclosing children’s personal information; The storage place of children’s personal information and the way to deal with it after it expires; Security measures for children’s personal information; Personal information protection Commissioner or other contact information; Information such as the consequences and effects of rejection.
The opinion draft stipulates that network operators should not store children’s personal information beyond the time limit necessary for their collection and use purposes and the agreed purpose and scope, and should take encryption and other measures to store children’s personal information to ensure information security.
Network operators shall not disclose children’s personal information, except those that should be disclosed according to laws and administrative regulations or need to be disclosed according to the agreement with children’s guardians.
Correction of children’s personal information errors, deletion of illegal use
Children or their guardians have the right to ask network operators to correct the personal information of children collected and stored by them. Network operators should take timely measures to correct them.
Network operators collect, store, use, transfer or disclose children’s personal information in violation of laws, administrative regulations or user agreements; Collecting, storing, using, transferring or disclosing children’s personal information beyond the scope of purpose or the necessary period; The guardian of the child withdraws his consent; If a child or his guardian terminates the use of a product or service by means of cancellation, and the child or his guardian requests the network operator to delete the personal information of the child collected, stored and used by him, the network operator shall take timely measures to delete it.
Information leakage should be remedied in time and reported to the competent department.
The opinion draft makes it clear that if the network operator finds that children’s personal information is or may be leaked, damaged or lost, it should immediately start the emergency plan and take remedial measures; If it has caused or may cause serious consequences, it shall immediately report to the relevant competent authorities, and inform the affected children and their guardians of the incident by mail, letter, telephone, push notice, etc. If it is difficult to inform them one by one, it shall release relevant warning information in a reasonable and effective way.
If the network operator stops operating products or services, it shall immediately stop collecting children’s personal information, delete the children’s personal information it holds, and inform the children’s guardians of the notice of stopping operation in time.
There are security risks, and network operators will be interviewed.
According to the opinion draft, if the responsibility of network operators to implement the safety management of children’s personal information is not in place, there is a big security risk or a security incident, the National Internet Information Office will conduct an interview according to law, and the network operators should take timely measures to rectify and eliminate hidden dangers according to the interview requirements.
If the violation is serious, close the website and revoke the business license.
In violation of these regulations, the National Internet Information Office and other relevant departments have issued orders to make corrections, and according to the circumstances, they may be given a single warning, confiscate the illegal income and impose a fine of more than one time and less than ten times the illegal income. If there is no illegal income, they shall be fined less than one million yuan, and the directly responsible person in charge and other directly responsible personnel shall be fined more than 10,000 yuan and less than 100,000 yuan. If the circumstances are serious, it may be ordered to suspend relevant business, suspend business for rectification, close the website, revoke the relevant business license or revoke the business license; If a crime is constituted, criminal responsibility shall be investigated according to law.
Anyone who is investigated for legal responsibility in violation of these provisions shall be recorded in the credit file in accordance with the provisions of relevant laws and administrative regulations and publicized.