[At-Large] China and Personal Data Protection

[Carlton Samuels]

China has recently issued a regulation entitled “Several Provisions on
Regulating Market Orders of Internet Information Services” (the “New
Regulations”) that come into effect on March 15, 2012.

The regulation explicitly imposes the data protection requirements on their
Internet information service providers.

The early report says it is consistent with data protection regimes in play
elsewhere, including recent EU regulations; to expressly inform the method,
content, and purpose for collecting and processing personal data in notice
and consent communiques; stronger protection for the personal data they
collect; collection limitations; use limitations; custody, remedy and
breach notification obligations.

The definition of user personal information in the regulations includes
both (1) information that independently identifies a user and information
that may be used to identify a user when combined with other information.
Here's a very readable outline analysis of what was originally proposed.

http://www.mallesons.com/publications/marketAlerts/2011/Chinaproposesnewinternetregulation/Pages/default.aspx

- Carlton

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Carlton A Samuels
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