[China] Privacy Dispute between Baidu Netcom Technology Co., LTD and Zhu Ye

Reasoning:

The court held that: "In the 'Must Read before Using baidu', Baidu Netcom has clearly stated cookie technology, the possible consequences of using cookie technology and providing users with an opt-out mechanism by providing a disable button. "

"Zhu Ye still uses Baidu search engine services after Baidu Netcom has clearly informed her of the above matters. It shall be regarded as the recognition of baidu Netcom's adoption of the default "select consent" method."

Rule:

Nanjing Intermediate People's Court approved the practice that cookie collection policy can be embedded in privacy policy in the case of anonymous information and other non-sensitive information.

Related regualtions:

Information Security Technology Public and Commercial Service Information System Personal Information Protection Guide (GB/Z28828-2012) article 5.2.3 stipulates: 

• Before processing personal information, the consent of the subject of personal information should be obtained, including implied consent or explicit consent. 
  • When collecting general personal information, it can be considered that the subject of personal information acquiesces. If the subject of personal information clearly objects, the collection or deletion of personal information should be stopped. 
  • When collecting sensitive personal information, the owner of the personal information should obtain express consent.

 Reference:

http://xn--fiq8k55ad6inseq1wsth8rle6yb5qck6a.com/index.php?id=2024