Strengthen the protection of personal information rights and interests
2025-10-21
General Secretary Xi Jinping pointed out: "We must maintain national data security, protect personal information and trade secrets, promote efficient circulation and use of data, and empower the real economy. Personal information security is a fundamental aspect of network security, and network security is an important component of national security. Once personal information is abused, it will not only cause damage to individual citizens' rights, but also have a systematic impact on market order, information ecology, and even the social trust system. Therefore, we need to deeply study and implement General Secretary Xi Jinping's series of important statements on network information work and data security, recognize the significant importance of data security and personal information protection from a strategic perspective, and promote the construction of a full process, full chain, and full social participation personal information rights protection system. In strengthening the protection of personal information and prevention of network security risks in the dissemination of online information, standardizing the new marketing method of mimetic advertising is a content worthy of attention. Unlike easily recognizable traditional advertisements, mimetic advertisements often utilize technologies such as information environment construction and deep synthesis of artificial intelligence to present highly realistic forms such as WeChat messages, courier pick-up codes, system update push notifications, hot search lists, and even traffic tickets. They quietly integrate into users' daily information flow, allowing them to accept the information they convey even when it is difficult to identify the essence of their commercial promotion, thereby being induced to click and achieving marketing effects superior to traditional advertisements. This new form of advertising not only improves commercial efficiency and helps the Internet advertising market to grow continuously, but also causes public concern about data security, personal information protection and digital information ecological health. In the digital economy era, user behavior data is often collected and used for profiling without their knowledge. In the placement of mimetic advertisements, platforms may use significant technological advantages to collect, process, and utilize personal information beyond the necessary scope in order to achieve precise personalized push. This may result in the formation of personal information profiles associated with user consumption habits and interest tags, and some information may even involve sensitive and private content, posing a significant threat to users' personal information rights and interests. Mimicry advertising is an emerging advertising format launched by platforms driven by the interests of improving profitability and realizing commercial value. It is a microcosm of a new type of online information dissemination activity that constantly iterates in its forms of expression. In its rise, there are hidden risks of infringing on citizens' personal information and disrupting the digital information ecosystem. If there is a lack of institutional regulation and constraints, citizens' personal information rights and interests may not be effectively protected when they are infringed upon by platforms with strong technological advantages. Therefore, it is necessary to establish a full process, multi-party collaborative governance mechanism, with a sound regulatory system and strong regulatory measures, to ensure that data security and personal information rights are effectively protected in the digital economy era, and become a common bottom line for promoting technological development and improving social welfare. Highlight source governance and promote the protection of the entire information lifecycle. Set detailed personal information processing rules for the platform in accordance with relevant laws, regulations, and departmental rules. Notification consent "is a core rule for personal information protection established by law, and an important means to safeguard citizens' right to know and decide on the processing of their personal information. Based on this, personal information should be collected and processed on the basis of sufficient prior notification and obtaining personal consent; Even in legal exceptions where personal information processing activities do not require individual consent, the obligation to inform must still be fulfilled in accordance with the law. The principles of purpose limitation and minimization for personal information processing should be implemented, that is, the collection of personal information "should be limited to the minimum scope to achieve the processing purpose", and the processing of personal information "should have clear and reasonable purposes, and should be directly related to the processing purpose, adopting the method that minimizes the impact on individual rights and interests". Strengthen public digital literacy education, enhance citizens' awareness and ability to maintain data security and provide personal information prudently, and achieve a positive interaction between technological innovation and personal information rights protection. Follow up on emerging technologies and build a strong defense line for personal information security. With the gradual application of technologies such as generative artificial intelligence and deep synthesis in network information dissemination, the risks of personal information leakage and abuse are showing a diversified and concealed trend. To address the risks posed to citizens' data security and personal information security by mimetic advertisements, platforms should conduct pre review and security assessments of data usage related to personal information in accordance with laws and regulations when providing immersive realism services and generating synthetic content, ensuring that personal information complies with security standards in collection, storage, retrieval, transmission, and display. At the same time, explicit labeling should be added to the generated advertising content to clearly distinguish between synthetic information and real information, and to avoid advertising content using realistic effects to mislead users into providing more personal information or losing rational judgment in situational immersion. Consolidate platform responsibilities and strengthen personal information compliance law enforcement. The platform is a key hub for the collection, processing, and utilization of personal information, and should assume high standards of compliance obligations. The platform shall not ignore personal information protection for the sake of profit, nor shall it secretly expand the scope of personal information collection and utilization under the pretext of "personalized recommendation". In the context of mimetic advertising, the platform should adhere to mainstream value orientation, clarify the personal information compliance red line in the advertising placement process, establish a traceable information authorization mechanism and convenient exit mechanism for users, and ensure that users have informed consent and independent control over their own information. For platform behaviors that violate personal information protection regulations, administrative regulatory departments should impose penalties in accordance with the law. Author: Guo Zhilong (Research Base for Youth Health Growth and Judicial Protection, China University of Political Science and Law)
Edit:Luoyu Responsible editor:Wang Xiaojing
Source:people.cn
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