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The National Information Office of the People's Republic of China issued the "Regulations on the Management of Mobile Internet Application Information Services"
Source: Chinese Letter

June 28, 2016 08:35

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The National Internet Information Office on June 28 issued the "Regulations on the Management of Mobile Internet Application Information Services" (hereinafter referred to as the "Regulations"). List of responsible persons of the National Internet Information Office
The "Regulations" are issued to strengthen the standardized management of mobile Internet application (APP) information services, promote the healthy and orderly development of the industry, and protect the legal rights of citizens, law and other organizations
beneficial.
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According to the person in charge of the National Internet Information Office, applications have become the main carrier of mobile Internet information services, and have played an important role in providing civilian services and promoting economic and social development.
Use. At the same time, a small number of applications have been illegally divided and used, spreading violent terror, obscenity and rumors and other illegal and illegal information, and some also have theft of privacy, malicious deductions, deception and fraud.
Actions that harm the legitimate rights and interests of users have been strongly reflected in the society.

The “Regulations” clarify that mobile Internet application providers should strictly implement information security management responsibilities, establish and improve user information security protection mechanisms, and protect users from installing or using
The right to know and the right to choose in the process, respect and protect intellectual property rights.

The “Regulations” require that mobile Internet application providers and Internet application store service providers shall not use applications to endanger national security, disrupt social order, or infringe other’s laws
For activities prohibited by laws and regulations such as rights and interests, applications shall not be used to create, copy, publish, or disseminate information prohibited by laws and regulations. At the same time, the "Regulations" encourages party and government agencies, enterprises and institutions at all levels
People's organizations and organizations actively use applications to promote open government affairs, provide public services, and promote economic and social development.

The responsible person of the National Internet Information Office emphasized that mobile Internet application providers and Internet application store service providers should earnestly perform management responsibilities and actively assume social responsibilities
Responsible, consciously accept public supervision, and provide safe, high-quality, convenient, and practical information services for the citizens.

Relevant persons in charge of the National Internet Information Office answered reporters' questions on the "Regulations on the Management of Information Services for Mobile Internet Applications"

The National Internet Information Office on June 28 issued the "Regulations on the Management of Mobile Internet Application Information Services" (hereinafter referred to as the "Regulations"). Responsible contact of the National Internet Information Office
During the interview, I answered reporters' questions on the "Regulations" related issues.

Question: Could you please introduce the background of the promulgation of the "Regulations".

Answer: In the past, mobile Internet applications (APP) have become the main carrier of mobile Internet information services, and have played an important role in providing civilian services and promoting economic and social development. According to not
According to complete statistics, there are more than 4 million apps on domestic app stores, and the number is still growing rapidly. At the same time, a few apps have also been illegally used to spread violent terror, obscenity and rumors.
Some illegal information such as privacy theft, malicious deduction of fees, deception and fraud and other actions that damage the legitimate rights and interests of users have been strongly reflected in the society.

On the basis of in-depth research and extensive solicitation of opinions, the National Internet Information Office issued the "Regulations on the Management of Information Services for Mobile Internet Applications", which is based on the principle of serving the people, convenience and benefit to the people.
The purpose is to strengthen the standardized management of APP information services and promote the healthy and orderly development of the industry.

Question: The citizens reported that some applications spread harmful information such as violent terror, obscenity and false rumors, and the competent authorities should "bright swords" in a timely manner. May I ask the "Regulations" on APP information content management
What are the specific requirements?

Answer: The "Regulations" require that mobile Internet application providers and Internet application store service providers shall not use mobile Internet applications to endanger national security and disrupt social order.
For activities prohibited by laws and regulations such as ordering, infringement of the legitimate rights and interests of others, mobile Internet applications must not be used to create, copy, publish, or disseminate information prohibited by laws and regulations.

To this end, the "Regulations" propose that mobile Internet application providers should strictly implement information security management responsibilities and perform "six obligations" in accordance with the law:

One is to verify the authentic identity of registered users in accordance with the principle of “back-end real-name, front-end self-willing”; second, to establish a sound user information security protection mechanism; third, to establish a sound information content review
Nuclear management mechanism, for the release of illegal and illegal information content, as appropriate, take warnings, restrict functions, suspend updates, close accounts, and other disposal measures; fourth is to protect users' right to know and choose according to law; fifth is
Respect and protect intellectual property rights, and do not make or publish applications that infringe other's intellectual property rights; sixth, record user log information, and save six.

Question: It is understood that some APPs randomly call mobile phone permissions, infringe on user privacy, issue false reports, and even carry out malicious deductions, deception and fraud. Users hate this, please ask
What targeted measures are proposed in the "Regulations"?

Answer: The “Regulations” clearly require the protection of users’ personal information and legitimate rights and interests. Mobile Internet application providers should establish and improve user information security protection mechanisms to collect and use users.
Personal information should follow the principles of lawfulness, fairness, and necessity, and clearly state the method, method, and scope of the collection and use of information, and the user's consent should be obtained. Protect users' right to know during installation or use in accordance with the law
Without making clear to the user and with the user’s consent, the functions of collecting geographic location, reading the address book, using the camera, and enabling recording shall not be enabled, and functions that are not related to the service shall not be enabled.
Bundled installations are not related to applications.

Question: At present, most users download apps through app stores. For this kind of "APP supermarket", what responsibilities are specified in the Regulations?

Answer: Internet application store service providers should perform the "four management responsibilities" corresponding to the application providers:

One is to review the authenticity, security, and legality of the corresponding application provider, and establish a credit management system; the other is to urge application providers to protect user information and provide complete applications
Instructions for obtaining and using user information, and presenting it to users; third, urging application providers to release legal information content, establishing and improving security review mechanisms, and providing professional services appropriate to the scale of services
Staff; the fourth is to urge application providers to release legal applications, respect and protect the intellectual property rights of application providers.

Question: In the past, mobile government affairs are booming. What are the advocacy opinions of the Regulations?

Answer: The "Regulations" clearly stated that party and government agencies at all levels, enterprises and institutions, and various people’s organizations should be encouraged to actively use mobile Internet applications, promote open government affairs, provide public services, and promote economic development.
Economic social development.

Question: Some people have expressed that when they find bad information or report bad applications, they often encounter unsuccessful complaints or unsuccessful reports. What are the requirements of the Regulations?

Answer: The "Regulations" require that mobile Internet application providers and Internet application store service providers should cooperate with the supervision and inspection carried out by relevant departments in accordance with the law, and consciously accept social supervision.
Set up a convenient complaint and report portal to handle public complaints and reports in a timely manner.

If the public is dissatisfied with the processing results or complaints and reports are not smooth, they can report to the Internet illegal and bad information reporting center (reporting address: www.12377.cn, reporting telephone: 12377, reporting
Email: jubao@12377.cn).

Provisions on the Management of Mobile Internet Application Information Services

Article 1 is to strengthen the management of mobile Internet application (APP) information services, protect the legitimate rights and interests of citizens, law and other organizations, and safeguard national security and public interests.
The Decision of the Standing Committee of the National People’s Congress on Strengthening the Protection of Internet Information and the “Notice of the State Council on Authorizing the National Internet Information Office to Responsible for the Management of Internet Information Content.”
Make this provision.

Article 2 The provision of information services through mobile Internet applications within the territory of the People's Republic of China and Internet application store services shall abide by these regulations.

The mobile internet application mentioned in these regulations refers to the application software that is obtained through pre-installation, download, etc. and run on the mobile smart terminal to provide users with information services.

The mobile Internet application provider mentioned in these regulations refers to the owner or operator of the mobile Internet application that provides information services.

The term "Internet App Store" mentioned in these regulations refers to a platform that provides application software browsing, search, download or development tools and product release services through the Internet.

Article 3 The National Internet Information Office is responsible for the supervision, management and law enforcement of the information content of mobile Internet applications nationwide. The Regional Internet Information Office is responsible for its own administrative area according to its responsibilities
Supervision, management and law enforcement of the information content of mobile Internet applications.

Article 4 Party and government agencies, enterprises and public institutions at all levels are encouraged to actively use mobile Internet applications to promote open government affairs, provide public services, and promote economic and social development.

Article 5 To provide information services through mobile Internet application programs, relevant qualifications required by laws and regulations shall be obtained in accordance with the law. To engage in Internet application store services, you should also operate the business online. Three
Inwardly, report to the Internet Information Office of the province, autonomous region, and municipality where it is located.

Article 6 Providers of mobile Internet application programs and Internet application store service providers shall not use mobile Internet applications to endanger national security, disrupt social order, or violate other parties
Legal rights and other activities prohibited by laws and regulations shall not use mobile Internet applications to create, copy, publish, or disseminate information prohibited by laws and regulations.

Article 7 Providers of mobile Internet application programs shall strictly implement information security management responsibilities, and perform the following obligations in accordance with the law:

(1) In accordance with the principle of "real name at the back-end, free at the front-end", authenticate registered users based on real identity information such as mobile phone numbers.

(2) Establish a sound user information security protection mechanism, collect and use user personal information in accordance with the principles of lawfulness, fairness, and necessity, and clarify the purpose, method, and mode of collecting and using information.
Surrounding, and with the user’s consent.

(3) Establish a sound information content review and management mechanism, and take measures such as warnings, restricting functions, suspending updates, closing accounts, etc., as appropriate to the release of illegal or illegal information content, and keeping records
And report to relevant authorities.

(4) According to the law, the user’s right to know and the right to choose during the installation or use process shall be protected. The collection of geographic locations, reading of address books, and use of video cameras shall not be opened without clearing the user’s consent and obtaining the user’s consent.
Functions such as heading, enabling recording, etc., shall not enable functions that are not related to the service, or bundle installation of non-related applications.

(5) Respect and protect intellectual property rights, and must not make or publish applications that infringe other's intellectual property rights.

(6) Record user log information and save six logs.

Article 10 Internet application store service providers shall perform the following management responsibilities corresponding to the application providers:

(1) Corresponding application providers shall conduct verification of authenticity, safety, legality, etc., establish a credit management system, and report to the Internet Information Office of the province, autonomous region, and municipality where it is located.
case.

(⼆) Supervise application providers to protect user information, provide a complete description of how the application obtains and use user information, and present it to users.
(3) Supervise and urge application providers to release legal information content, establish a sound security review mechanism, and provide professional personnel commensurate with the scale of services.

(4) Supervise application providers to release legal applications, respect and protect the intellectual property rights of application providers.

For application providers that violate the provisions of the preceding paragraph, measures such as warnings, suspension of publication, and removal of applications, as appropriate, shall be taken to keep records and report to relevant competent authorities.

Article 9 Internet application store service providers and mobile Internet application program providers shall sign a service agreement, clarify the rights and obligations of both parties, and jointly abide by laws, regulations and platform conventions.

Article 10 Providers of mobile Internet application programs and Internet application store service providers shall cooperate with the supervision and inspection carried out by relevant departments in accordance with the law, consciously accept social supervision, and set up convenient complaints
Reports are handled in a timely manner to deal with public complaints and reports.

Article 9 This regulation will be implemented from August 1st, 2016.

