On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security for public consultation. This Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces of legislations and standards, such as the Cyber Security Law, the E-Commerce Law, the Consumer Rights Protection Law as well as the Personal Information Security Specification, the most comprehensive yet non-binding national standard with respect to data protection. The Data Security Measures, once officially promulgated, will be the first binding administrative regulation in China to specifically and systematically set out explicit protection for personal data and important data collected and processed through the use of cyber technologies, following the effectiveness of the Cyber Security Law in 2017.
On December 29, 2017, the Standardization Administration of China, jointly with the PRC General Administration of Quality Supervision, Inspection and Quarantine, issued the Information Security Technology – Personal Information Security Specification, which officially came into effect on May 1, 2018. The Specification has, in very practical terms, become an important point of reference in evaluating the complex overlay of data protection compliance requirements found in the Cyber Security Law, the Law on the Protection of Consumer Rights and Interests, the e-Commerce Law and other enactments and measures.
A new law in China taking affect in March of this year will provide businesses with a clearer understanding of what types of information are protected as consumer personal information in China. This new definition will clarify companies’ obligations with respect to the use and processing of that information under other Chinese laws and regulations. A failure by businesses to recognise these new requirements can lead to onerous penalties including fines.
China’s Supreme People’s Court on November 21, 2013 issued a new regulation “Provisions on the Online Issuance of Judgment Documents by People’s Courts,” effective since January 1, 2014, requiring that all court judgements in China be published online in a searchable public database specially set up for that purpose.