Abstract
The rapid evolution of information technologies creates the era of internet, but privacy is also at risk of the innovation technologies. Therefore, the purpose of this thesis is to discover the balance between innovation and privacy protection. Particularly, the violation of privacy in applications (apps) on mobile devices, because of high penetration of mobile devices combined with the operation of apps. This combination makes our life become more convenient, but numerous personal data are collected. The prevalence of big data technology also causes worse invasion of privacy. Accordingly, the key point to protect privacy is “informed consent principle”. However, this principle on apps has difficulties being enforced. Specifically, the presentation of “privacy policy (terms)” causes consumers hard to understand, or just skip the terms and accept the policy. This “non-real” agreement is worth further studying. So this thesis will identify the relevant judgments in Taiwan (Ｍ+Ｍessenger case) and USA (Carrier IQ case) in order to understand current conclusion of trial, and compare the regulations of United States of America (USA), the European Union (EU) and Personal Information Protection Act of Taiwan. Finally, this study will investigate the adequacy of legal protection, and examine whether legal protection is satisfied or whether the need for market self – regulatory can protect personal data.