中圖分類號(hào)： D923 文獻(xiàn)標(biāo)識(shí)碼： A DOI： 10.19358/j.issn.2097-1788.2022.05.009 引用格式： 嚴(yán)馳. IP屬地的法律性質(zhì)證成及平臺(tái)責(zé)任評(píng)析[J].網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2022，41(5)：59-65.
The legal attribution of IP location and platform liability review
Yan Chi
(School of Law，Humanity and Social Sciences，Wuhan University of Technology，Wuhan 430070，China)
Abstract： The function of displaying user′s IP location has recently been launched one after another on domestic Internet platforms. The act of disclosing user′s IP location has significant legality controversy. In the context of the big data era, which emphasizes network security and personal information protection, it is necessary to conduct analysis and discussion of the incident from the legal perspective. By combing and summarizing relevant literatures and scholars′ viewpoints, combining the relevant normative documents and judicial precedents, study believes that IP location should be recognized as personal information, while cautiously considering whether to define IP location as sensitive personal information or privacy. In the legal analysis of the platform′s responsibility,study points out that the platform should fully fulfill the obligation of informing consent before disclosing the user's IP location, and the platform's act of requiring the user′s “blanket consent” is against the principle of minimum necessity, platform should continue to provide services even if the users do not agree. In the subsequent development, the platform should build up a system of self-incrimination and fully fulfill the obligation of protecting personal information.
Key words : IP location；personal information protection；platform liability
