[At-Large] RES: China and Personal Data Protection

Vanda UOL vanda at uol.com.br
Sat Feb 4 15:21:07 UTC 2012

Looks like Chinese legal framework is very close to ours, with  thousand
laws and regulation ( sometimes even conflicting one to another).  At my
first time in federal government we compiled all laws and regulations
regarding export and import and approved a single large law including all
aspects in use at the time, solving conflicts etc. Digital era I believe
needs to make similar task here to clean up the scattered rules. The problem
is the need of a lawyers in that Export/import area drop for more than 10
times. So digital lawyers may be lobbying to avoid such move.

-----Mensagem original-----
De: at-large-bounces at atlarge-lists.icann.org
[mailto:at-large-bounces at atlarge-lists.icann.org] Em nome de Hong Xue
Enviada em: sexta-feira, 3 de fevereiro de 2012 23:43
Para: At-Large Worldwide
Assunto: Re: [At-Large] China and Personal Data Protection

Thanks for sharing this. These New "Regulations" are at the ministerial
administrative regulations, which are not "laws" binding in the judicial
system (but can be of reference whenever necessary). Nonetheless, personal
data protection has long been protected in the Chinese legal system, dating
back the early "administrative regulations" from 1997. ISPs have always been
obligated to protect their users' "privacy", which is a civil right
protected under the Chinese Tort Liability Law. If an ISP illegally
discloses and/or transfers its users' personal data, it should be subject to
criminal liability under the Chinese criminal law. What is missing and badly
needed is a "specific" law or regulation on personal data protection so as
to converge the scattered legal provisions from different sources.
The new regulations merely add another piece on the legal patchwork.
Actually there are quite a few regulations that are going to be effective or
being drafting ("Regulations on Administration of Internet Retails") have
the same function. Anyway, as far as legal protection for personal data can
be improved or enhanced in China, irrespective whether it is in a small step
forward or merely restatement of existing law, it deserves welcomed.


Dr. Hong Xue
Professor of Law
Director of Institute for the Internet Policy & Law (IIPL) Beijing Normal
University http://www.iipl.org.cn/ <http://iipl.org.cn/>
19 Xin Jie Kou Wai Street
Beijing 100875 China

On Fri, Feb 3, 2012 at 11:06 PM, Carlton Samuels
<carlton.samuels at gmail.com>wrote:

> 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
> Internet information service providers.
> The early report says it is consistent with data protection regimes in
> elsewhere, including recent EU regulations; to expressly inform the
> 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.
> - Carlton
> ==============================
> Carlton A Samuels
> Mobile: 876-818-1799
> *Strategy, Planning, Governance, Assessment & Turnaround*
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