The widespread use of the internet has brought great convenience to people's lives, and numerous companies are exploiting internet services for marketing and service promotion. However, a frequent problem is that many internet companies use cell phone numbers for marketing purposes, which can be intrusive to people's normal lives. Merchants using these promotional methods often operate businesses such as online shopping, housing, job hunting, insurance and finance.
In China, the registration of user accounts on all kinds of network service platforms is inseparable from cell phone numbers because many services are inseparable from a phone itself, and it is normal and necessary to obtain cell phone numbers from users to provide services. Among the 39 common APP types listed in the "Regulations on the Scope of Necessary Personal Information for Common Types of Mobile Internet Applications", a total of 25 categories, covering online dating, instant messaging, online communities, online payment, online shopping, food and beverage takeaway, etc. include cell phone numbers as personal information. Moreover, China requires network service providers to register users’ real names and cell phone numbers, which can also play a role in verifying the identity of users.
Therefore, in general, business entities’ requirement for users’ disclosure of cell phone numbers is justified and necessary. However, merchants do not need to obtain the relevant cell phone numbers and use them directly for marketing and promotion. According to the Personal Information Protection Law (PIPL) and the "Information Security Technology Personal Information Security Specification," personal cell phone numbers are personal information, but generally do not belong to the sensitive personal information specified in Article 28 of the PIPL. Moreover, personal information processors should effectively comply with the requirements of Chapter 2 of the PIPL, follow the principles of legality, legitimacy and necessity, and obtain the consent of individuals before handling their personal information. Finally, according to Article 6 of the PIPL, the processing of personal information should be limited to the minimum extent necessary to achieve the purpose of processing, and personal information should not be collected excessively. For example, when a user registers on a shopping APP, the purpose of the registration is to browse and purchase goods. Providing a cell phone number may only be necessary for receiving purchased goods but not for receiving related new product recommendations, coupons, and other advertising services.
