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当AI大模型遇见人格权:海量数据训练下的侵权风险
Core Insights - Artificial intelligence is becoming a significant driving force behind a new wave of technological revolution and industrial transformation, fundamentally altering production methods, lifestyles, and social governance [1] - The development of large AI models requires vast amounts of data, which raises concerns about the protection of personal information rights and presents new challenges to the personal rights system [1] Group 1: Protection and Utilization of Publicly Available Personal Information - The protection of publicly available personal information is increasingly important in the training of AI models, as much of the training data comes from such sources [1] - The Personal Information Protection Law in China allows for the processing of publicly available personal information without consent, provided it meets certain conditions, including reasonable scope and significant impact on personal rights [1] - The challenge arises when AI models collect fragmented personal information, potentially leading to the reconstruction of sensitive personal data, which necessitates obtaining consent [1] Group 2: Safeguarding Sensitive Personal Information - The advancement of AI technology enhances data analysis capabilities, posing new threats to personal information security, particularly sensitive data [2] - During the training phase of generative AI, it is crucial to anonymize sensitive personal information to prevent severe consequences from potential leaks [2] - Historical incidents, such as vulnerabilities in ChatGPT, highlight the risks associated with sensitive information exposure and the need for ongoing regulatory measures [2] Group 3: Challenges in Generative AI Operations - Generative AI poses significant challenges to the protection of personal privacy and information, necessitating measures to prevent sensitive data from being included in generated content [3] - The risk of generative AI producing malicious or false content is a concern, as inaccuracies in training data can lead to harmful outputs that may relate to sensitive personal information [3] - The importance of protecting personal identifiers, such as voice, is increasingly recognized due to the potential for deepfake technology to exploit these identifiers [3] Group 4: Protection of Personal Identifiers - The rise of deepfake technology allows for the creation of fraudulent audio and visual content, posing significant risks to individuals [4] - High-profile cases, such as the exploitation of Scarlett Johansson's voice by OpenAI, underscore the urgent need for legal protections against the misuse of personal identifiers [4] - The necessity for stricter regulations to prevent the infringement of personal rights through deepfake technology is becoming more apparent [4] Group 5: Virtual Digital Humans and Personal Rights - The emergence of virtual digital humans presents new challenges to the personal rights system, particularly regarding the use of real individuals' likenesses in creating virtual representations [5] - The commercial viability of virtual digital humans is being explored, but their interaction with the real world raises questions about potential violations of personal rights [5] - The determination of whether a virtual digital human infringes on an individual's rights hinges on the recognizable similarity to the real person, necessitating legal standards for assessment [5] Group 6: New Types of Personal Rights - Virtual digital humans can act as "virtual avatars," extending beyond traditional rights to encompass new forms of personal rights [6] - Legal interpretations are evolving to recognize that the use of real personal information in training AI companions can infringe upon various personal rights, including name and likeness rights [6] - The concept of a "virtual avatar" represents a composite of an individual's identity, necessitating the establishment of new legal protections for these emerging personal rights [6]
替人“刷脸”注册的店铺售卖假冒商品 要承担赔偿责任吗?
Ren Min Wang· 2025-09-05 01:02
Core Points - A university student, Li, was held liable for trademark infringement after lending his personal information to register an online store that sold counterfeit goods [1][2] - The court ruled that Li, despite claiming he was registered without consent, knowingly provided his ID and participated in the registration process, thus facilitating the infringement [2] - The court ordered Li to compensate the trademark owner 200,000 yuan for economic losses and reasonable legal fees [2] Group 1 - The case highlights the risks associated with sharing personal information for job opportunities, especially in the context of online platforms [1][3] - The court emphasized that individuals must be aware of the legal risks when lending their personal information, as it can lead to liability for facilitating illegal activities [2][3] - The ruling serves as a warning to the public about the importance of protecting personal information in the digital age [3]
【网络安全宣传周】没有网络安全,就没有国家安全!这些网络安全知识要牢记!
天天基金网· 2025-09-03 10:34
Core Viewpoint - The article emphasizes the importance of cybersecurity in the digital age, highlighting the potential risks and the need for a robust legal framework to protect against cyber threats [3][12]. Legal Framework - The "Cybersecurity Law of the People's Republic of China" was enacted on June 1, 2017, as the first comprehensive law regulating cybersecurity management in China [5]. - The "Regulations on the Security Protection of Critical Information Infrastructure" came into effect on September 1, 2021, focusing on the protection of critical information infrastructure [6]. - The "Data Security Law" was passed on June 10, 2021, and is a foundational law in the field of data security [7]. - The "Automotive Data Security Management Regulations (Trial)" were implemented on October 1, 2021, to regulate data processing in the automotive sector [8]. - The "Personal Information Protection Law" took effect on November 1, 2021, aimed at protecting personal information rights [9]. - The "Cybersecurity Review Measures" were revised and came into effect on February 15, 2022, to enhance cybersecurity and data security [10]. - The "Interim Measures for the Management of Generative Artificial Intelligence Services" were enacted on August 15, 2023, to regulate AI services [11]. Critical Information Infrastructure - Critical information infrastructure includes essential sectors such as energy, transportation, water resources, finance, and national defense, where damage could severely impact national security and public interest [15]. - The identification of critical information infrastructure is managed by relevant governmental departments, which develop rules based on industry-specific conditions [16]. Security Incidents - Notable cybersecurity incidents include the 2015 Ukraine power grid attack, the 2016 Dyn DNS attack, and the 2021 Colonial Pipeline ransomware attack, all of which highlight the vulnerabilities in critical infrastructure [19]. Security Measures - The "Regulations on the Security Protection of Critical Information Infrastructure" were published on August 17, 2021, to establish a national security protection system [20]. - The national standard for critical information infrastructure security protection was released on November 7, 2022, and implemented on May 1, 2023, providing guidance for security measures [20]. Data Security - Data is categorized into general, important, and core data levels based on the potential harm caused by unauthorized access or breaches [25]. - Organizations are encouraged to implement data security measures such as backup, encryption, and access control to protect sensitive information [26][28]. Cybercrime Prevention - The article discusses various types of cybercrimes, including phishing attacks and telecom fraud, and emphasizes the need for individuals and organizations to adopt preventive measures [21][30]. - Recommendations include protecting personal information, using official channels for transactions, and verifying requests for financial transactions [30][32]. Collective Responsibility - Cybersecurity is portrayed as a collective responsibility, urging society to work together to strengthen defenses and protect the digital environment [34].
保险从业人员因侵犯公民个人信息罪被判罚
Jin Rong Shi Bao· 2025-09-03 00:50
Core Viewpoint - The case involving multiple employees from an insurance company highlights serious violations of personal information privacy, raising concerns about data security in the insurance industry [1][2][3] Group 1: Case Details - Six individuals, including executives from Tianan Insurance and other related companies, were found guilty of purchasing personal information to expand their insurance business [1][2] - The total number of personal information records sold exceeded 200,000, causing significant disruption to the lives of the affected individuals [2] - The court imposed fines ranging from 5,000 to 71,000 yuan on the convicted individuals, with some appealing the decision, but the appeals were ultimately rejected [2] Group 2: Regulatory Environment - The case underscores the increasing scrutiny and regulatory actions against the insurance industry regarding the protection of personal information [3] - Financial regulatory authorities have intensified efforts to combat illegal activities related to personal information, including unauthorized collection and sale [3] - New regulations, such as the Data Security Management Measures for Banking and Insurance Institutions, emphasize the responsibility of institutions to manage data security effectively [3] Group 3: Industry Implications - The incident serves as a warning for the insurance industry, stressing the importance of compliance with personal information protection laws and regulations [3] - Companies are encouraged to enhance internal controls and establish robust customer information management systems to prevent similar violations [3] - The focus should shift towards improving service quality and professional capabilities rather than relying on illegal methods for short-term gains [3]
中国民生银行济南文东支行:个人信息保护宣传,共筑信息安全防线
Qi Lu Wan Bao· 2025-09-02 08:35
Core Viewpoint - The importance of personal information as a critical asset in various aspects of life is emphasized, and the proactive measures taken by China Minsheng Bank's Jinan Wendon Branch to enhance public awareness of personal information protection are highlighted [1][3]. Group 1: Awareness and Education Initiatives - The bank has set up prominently displayed materials on personal information protection at its branches, illustrating the categories of personal information and the risks associated with its leakage, such as fraud, privacy invasion, and financial loss [2]. - Staff members engage with customers during transactions to provide brief introductions on the importance of safeguarding personal information [2]. - The bank organized micro-salons focused on personal information protection, analyzing common leakage pathways and discussing preventive measures [2]. Group 2: Public Response and Future Commitment - The personal information protection campaign has effectively increased public awareness and the importance of personal information security, with participants expressing significant benefits and a commitment to being more cautious in the future [3]. - The bank plans to continuously monitor developments in the field of personal information protection and innovate its educational approaches to contribute to a safer financial environment [3].
超范围收集个人信息 8000万用户平台卡牛信用管家被通报
Core Viewpoint - Since the implementation of the Personal Information Protection Law in China, personal information processors have faced strict regulations, with Shenzhen Kaniu Technology Co., Ltd. being recently reported for exceeding the necessary scope of personal information collection through its Kaniu Credit Manager app [1][2]. Company Summary - Kaniu Credit Manager app has over 80 million users as of August 2025, offering services in smart bill management, credit card information, and credit technology [1]. - The app has three main segments: bill management, borrowing services, and personal risk reporting [2]. - Kaniu Technology was founded in 2012 and has received significant investment, including A+ round financing from Sequoia Capital [2]. - The company has previously faced scrutiny for information security issues, including a fine in December 2022 for infringing on personal information rights [3]. Regulatory Context - The National Cybersecurity Center reported that 38 mobile applications, including Kaniu Credit Manager, were found to illegally collect and use personal information [2]. - The issue identified was related to insufficient authorization for clipboard usage, which is considered a violation of privacy rights [4]. Industry Implications - The financial sector is under pressure to comply with the Personal Information Protection Law, with concerns about over-collection of data and lack of transparency in privacy policies [6]. - Financial institutions are advised to enhance their information management practices to protect consumer rights and prevent data breaches [6]. User Awareness - Users are encouraged to be cautious about information leakage when using risk monitoring services and to choose platforms that implement encryption and anonymization measures [7].
看到“新生福利”等字眼打起精神 开学季“钓鱼”套路盘点
Yang Shi Xin Wen· 2025-08-30 06:13
假期生活即将结束,网络安全风险悄然升级。学习实用的防护技巧,为假期画上一个安全圆满的句号。 认清"假期尾巴"里的网络陷阱 暑期尾声,各类网络陷阱往往会换上"应景"的外衣,让人防不胜防。 "开学福利"类陷阱 一些不法分子会伪装成学校老师或教育机构工作人员,通过社交平台群聊发送"开学必备资料包""新生优惠套 餐"等信息,附带的链接往往是钓鱼网站,一旦点击填写个人信息,账号密码就可能被窃取。还有的会以"预订教 材享折扣"为由,诱导学生家长转账,收款后便消失无踪。 "返程便利"类骗局 一些不法分子搭建虚假购票平台,以"低价票""优先出票"为诱饵吸引用户下单,付款后却无法提供车票,甚至会 以 "身份验证""退票手续费"等名义继续索要钱财。此外,收到"航班取消""列车晚点"的短信,附带"在线改签"链 接的,也很可能是陷阱,务必通过官方渠道核实。 "娱乐消遣"类风险 假期最后阶段,不少人会沉迷游戏、追剧来放松,一些非官方渠道的"破解版"游戏、"免费"影视App,可能捆绑 着病毒和恶意程序,安装后会窃取手机里的支付信息、通讯录等隐私数据。还有的在社交平台以"组队开黑""分享 会员账号"为由添加好友,实则是为了实施诈骗或传播不 ...
违规收集使用个人信息,侵害用户权益,5款APP被通报下架
Yang Zi Wan Bao Wang· 2025-08-29 07:38
Core Viewpoint - Jiangsu Provincial Communication Administration announced the removal of five apps that infringe on user rights, emphasizing ongoing efforts to protect personal information and ensure compliance with relevant laws [1][2]. Summary by Category Regulatory Actions - Jiangsu Provincial Communication Administration has been conducting a special rectification action against apps that infringe on user rights, having reported 47 apps for violations related to personal information collection and usage [1]. - The administration mandated the immediate removal of five specific apps from application stores following their failure to rectify issues identified in previous inspections [1][3]. Apps Involved - The five apps that were ordered to be removed include: 1. **Focus App (孚科思专注力)** - Operated by Jiangsu Leyi Wisdom Technology Co., Ltd., issues include illegal collection and excessive use of personal information, as well as frequent self-starting and associated launching [2][3]. 2. **MeiLiao (么聊)** - Operated by Xuzhou Dabe Network Technology Co., Ltd., issues include illegal collection and use of personal information, along with forced and excessive permission requests [2][3]. 3. **ShuoHe (说盒)** - Operated by Suzhou Mengmi Network Technology Co., Ltd., issues include illegal collection and excessive use of personal information [2][3]. 4. **XiaoZhu Self-Driving (小朱自驾)** - Operated by Jiangsu Dajia Tourism Development Co., Ltd., issues include illegal collection of personal information and frequent self-starting [2][3]. 5. **Called a Car (叫了个车)** - Operated by Jiangsu Budian Network Technology Co., Ltd., issues include illegal collection of personal information [2][3].
最高法首次发布数据权益司法保护专题指导性案例
Zhong Guo Xin Wen Wang· 2025-08-28 07:18
Core Viewpoint - The Supreme People's Court has released its first set of guiding cases focused on the judicial protection of data rights, addressing key issues such as data ownership, utilization of data products, personal information protection, and the delivery of online platform accounts [1][2][3]. Group 1: Judicial Protection of Data Rights - The release of the 47th batch of guiding cases marks a significant step in the judicial protection of data rights, responding to societal concerns regarding data ownership and personal information protection [1][2]. - The guiding cases aim to unify the standards for adjudicating similar cases, thereby enhancing the legal framework surrounding data rights [3][5]. Group 2: Growth of Data-Related Cases - The number of data-related cases has significantly increased, with the number of first-instance cases in 2024 being double that of 2021, indicating a growing recognition of data rights in the legal system [3]. - Courts are applying relevant laws such as the Civil Code and the Personal Information Protection Law to effectively handle disputes involving personality rights and property rights related to data [3][5]. Group 3: Specific Guiding Cases - The six guiding cases cover various areas including unfair competition, tort liability, personal information protection, and enforcement [4]. - Case 262 involves a dispute over unfair competition due to data scraping from an online platform, affirming that platform operators can seek legal protection when their business interests are harmed [4][8]. - Case 263 clarifies that providing associated account services with user authorization does not constitute unfair competition if it does not disrupt market order [4][17]. - Case 264 establishes that data processors who collect and process enterprise data without causing harm to the enterprise's rights are not liable for tort [4][25]. - Case 265 addresses the excessive collection of personal information by an app operator, ruling that such actions can infringe on user rights if not necessary for service provision [4][36]. - Case 266 confirms that collecting personal information for credit services under a "pay later" model is necessary for fulfilling contractual obligations [4][46]. Group 4: Future Directions - The Supreme People's Court plans to strengthen the adjudication of data-related cases and further unify judicial standards to promote the compliant and efficient circulation of data, thereby enhancing the value of data elements in the digital economy [5].
38款App违规收集个人信息 含岩山科技旗下2345浏览器
Zhong Guo Jing Ji Wang· 2025-08-28 06:26
Core Viewpoint - The National Cybersecurity Incident Response Center reported that 38 mobile applications were found to illegally collect and use personal information, highlighting ongoing concerns regarding data privacy and compliance with laws such as the Cybersecurity Law and the Personal Information Protection Law [1]. Group 1: Company Overview - Shanghai Yanshan Technology Co., Ltd. (formerly known as Shanghai 2345 Network Holdings Group Co., Ltd.) has undergone several name changes, with the most recent occurring in August 2023 [2]. - The company operates several well-known software products, including 2345.com, 2345 browser, and various other applications that cover both PC and mobile platforms [1]. Group 2: Regulatory Compliance - The detection of illegal data practices in 38 mobile applications was conducted by the Ministry of Public Security's Computer Information System Security Product Quality Supervision and Inspection Center, emphasizing the importance of compliance with national regulations [1]. - Specific issues identified in the 2345 browser included failure to clearly list the purposes, methods, and scope of personal information collection, as well as exceeding the scope of user authorization [1].