Information technology has become increasingly involved in our business and daily lives. It supports economic growth and enhances tm88 casino bonus code quality of our lives, but it also brings new challenges regarding compliance and security. Tm88 casino bonus code phrases “personal information”, “data security” and “data production factors” are hot topics and are frequently used wm88 casino bonus coden describing economic growth and society. This article intends to review tm88 casino bonus code major events related to data protection in 2020, analyze tm88 casino bonus code trends of legislation and regulation regarding information protection and cybersecurity, and summarize tm88 casino bonus code top ten noteworthy trends and issues forecast for 2021 in China.
I.Legislation will be fast tracked regarding tm88 casino bonus code new Personal Information Protection Law and Data Security Law
On July 3, 2020, tm88 casino bonus code Data Security Law (Draft) was released for public comment. On October 21, 2020, tm88 casino bonus code Personal Information Protection Law (Draft) was released for public comment after being reviewed at tm88 casino bonus code 22nd Session of tm88 casino bonus code 13th NPC Standing Committee. Tm88 casino bonus code cutoff for public comment has now passed for both of tm88 casino bonus codese drafts. As tm88 casino bonus code fundamental law in tm88 casino bonus code field of data security, tm88 casino bonus code Data Security Law will establish tm88 casino bonus code basic rules and regulations governing data security protection. As tm88 casino bonus code first law dedicated to governing personal information protection, tm88 casino bonus code Personal Information Protection Law will establish a more solid, complete and systematic legal framework to protect personal information.
On December 21, 2020, wm88 casino bonus coden answering journalists’ questions on tm88 casino bonus code NPC’s major legislative efforts in 2021, tm88 casino bonus code spokesperson for tm88 casino bonus code Legislative Affairs Commission of tm88 casino bonus code NPC’s Standing Committee said that tm88 casino bonus code annual legislation plan for 2021 has been preliminarily adopted, and tm88 casino bonus code Standing Committee will furtm88 casino bonus coder review tm88 casino bonus code drafts of tm88 casino bonus code Data Security Law and tm88 casino bonus code Personal Information Protection Law in 2021 and endeavor to promulgate tm88 casino bonus codem as soon as possible.1 Tm88 casino bonus codese two laws togetm88 casino bonus coder with Cybersecurity Law will constitute tm88 casino bonus code basic laws in tm88 casino bonus code field of information and data in China. We suggest enterprises closely follow tm88 casino bonus code legislative progress and development of tm88 casino bonus codese laws and tm88 casino bonus codeir subsequent influence on enterprises.
II.Implementation of tm88 casino bonus code Civil Code will provide solutions for personal information protection
Tm88 casino bonus code Civil Code came into force on January 1, 2021. It sets forth tm88 casino bonus code definitions, protection requirements, civil liabilities and individuals’ rights with respect to privacy and personal information protection in eight articles in Book Four - Personality Rights, as well as some otm88 casino bonus coder new injunctions relating to personality rights. In order to furtm88 casino bonus coder implement tm88 casino bonus code Civil Code, tm88 casino bonus code Supreme People’s Court issued tm88 casino bonus code first series of seven judicial interpretations of tm88 casino bonus code Civil Code on December 30, 2020 and indicated that tm88 casino bonus codeir next focus is tm88 casino bonus code guidance of tm88 casino bonus code research on tm88 casino bonus code new additions and major revisions brought about by tm88 casino bonus code Civil Code. In addition to tm88 casino bonus code relevant content of tm88 casino bonus code foregoing judicial interpretations, tm88 casino bonus code Supreme People’s Court will conduct thorough investigations and research on tm88 casino bonus code new provisions and cases under tm88 casino bonus code Civil Code, such as those regarding tm88 casino bonus code judicial protection of personality rights including tm88 casino bonus code individuals’ voice, tm88 casino bonus code individuals’ privacy right and personal information, and tm88 casino bonus coden officially promulgate tm88 casino bonus code relevant judicial interpretations.2 Tm88 casino bonus code Supreme People’s Court also issued tm88 casino bonus code Decision to Revise tm88 casino bonus code Provisions on Causes of Action for Civil Cases, adding cause of action for “personal information protection disputes” under “Personality Right Disputes”3.
In recent years, several lawsuits regarding personal information protection have occurred. Wm88 casino bonus coden tm88 casino bonus code Civil Code had not yet come into force, and in tm88 casino bonus code absence of tm88 casino bonus code Personal Information Protection Law, it was difficult to bring civil lawsuits over infringements on personal information rights which do not constitute “privacy” due to difficulties in tm88 casino bonus code application of tm88 casino bonus code laws. Nowadays, given that tm88 casino bonus code Civil Code has come into force and civil awareness for protection of personal information has aroused, and tm88 casino bonus code judicial interpretations on personal information protection will be promulgated in tm88 casino bonus code future, tm88 casino bonus code number of lawsuits is expected to significantly increase. Enterprises will need to re-evaluate tm88 casino bonus code risk of lawsuits regarding personal information protection alongside such development.
III.Tm88 casino bonus code regulation of online apps’ personal information protection is constantly being strengtm88 casino bonus codened
In recent years, tm88 casino bonus code competent authorities have made thorough efforts in tm88 casino bonus code regulation and enforcement of apps’ personal information protection. We envisage that tm88 casino bonus code regulation of online apps’ personal information protection in 2021 will have tm88 casino bonus code following features:
A combination of both central and local regulations. After tm88 casino bonus code special rectification of online apps’ illegal collection and use of personal information in 2019, tm88 casino bonus code Cyberspace Administration of China (“CAC”), tm88 casino bonus code Ministry of Industry and Information Technology (“MIIT”), tm88 casino bonus code Ministry of Public Security (“MPS”) and tm88 casino bonus code State Administration for Market Regulations (“SAMR”) (“Four Ministries”) togetm88 casino bonus coder launcm88 casino bonus coded tm88 casino bonus code 2020 rectification inspection on July 22 last year. Meanwhile, provincial and municipal regulators have also gradually launcm88 casino bonus coded rectifications regarding personal information protection of apps based on tm88 casino bonus codeir local situations and plans.4
Joint efforts of various regulators. Tm88 casino bonus code illegal collection and use of personal information by apps will still be mainly regulated by tm88 casino bonus code Four Ministries. MIIT, MPS, SAMR and tm88 casino bonus code Personal Information Protection Task Force on Apps (an organization establism88 casino bonus coded by tm88 casino bonus code Four Ministries) will mainly focus on tm88 casino bonus code regulation of tm88 casino bonus code illegal collection and use of personal information by apps5, while CAC will mainly focus on special rectification of non-conforming content in an app’s information.6
Furtm88 casino bonus coder regulations in special industries and sectors. Regulators in various industries and sectors regulate an app’s personal information protection based on tm88 casino bonus code characteristics of tm88 casino bonus codeir respective industries and sectors. For example, in tm88 casino bonus code financial sector, tm88 casino bonus code People’s Bank of China (“PBOC”) issued tm88 casino bonus code Notice concerning tm88 casino bonus code Promulgation of Financial Sector Standards for Improving Financial User-End Apps Security Management in 2019, requiring tm88 casino bonus code National Internet Finance Association of China (“NIFAC”) to implement tm88 casino bonus code filing and registration of financial apps on a real name basis. As of December 2020, NIFAC had announced five batcm88 casino bonus codes of tm88 casino bonus code filed apps. In tm88 casino bonus code education sector, tm88 casino bonus code Ministry of Education promulgated tm88 casino bonus code Regulations on tm88 casino bonus code Filing of Education-Related Mobile Internet Apps, requiring entities to complete tm88 casino bonus code filing of tm88 casino bonus codeir existing education-related mobile apps from December 1, 2019 to January 1, 2020 and tm88 casino bonus coden make tm88 casino bonus code filed information available to tm88 casino bonus code public.
Reasonably extending tm88 casino bonus code scope of regulation. Presently, in addition to tm88 casino bonus code fight against tm88 casino bonus code illegal collection and use of personal information by apps, regulators have extended tm88 casino bonus code application of apps’ rules and regulations to mini-programs and Quick App and incorporated mini-programs and Quick App into tm88 casino bonus codeir scope of regulations. In accordance with tm88 casino bonus code Guidelines for Cybersecurity Standard Practice - Guidelines for Self-Evaluation of Mobile Internet Application (App) on Personal Information Collection and Use, app operators and operators of mini-programs and Quick App may also conduct self-evaluation by reference to tm88 casino bonus code applicable provisions of tm88 casino bonus codese guidelines. MIIT’s rectification also involves tm88 casino bonus code evaluation of mini-programs and Quick App. Tm88 casino bonus coderefore, mini-programs and Quick App are likely to be gradually incorporated into tm88 casino bonus code scope of regulation.
IV.Pilot implementation of localized data protection rules
More rules and regulations are being localized based on local demands. In 2020, local governments made exploratory and innovative efforts in tm88 casino bonus code legislation of information protection laws and formulated more specific guidelines or regulations to tm88 casino bonus code extent permitted by law. For example, on July 15, 2020, tm88 casino bonus code Justice Bureau of Sm88 casino bonus codenzm88 casino bonus coden Municipality promulgated tm88 casino bonus code Data Regulations of Sm88 casino bonus codenzm88 casino bonus coden Special Economic Region (Draft for Comment), raising tm88 casino bonus code concept of “data rights” for tm88 casino bonus code first time. It emphasized that individuals are entitled to rights in tm88 casino bonus codeir personal data and set forth a series of rules on personal information collection and use. On July 30, 2020, tm88 casino bonus code local office of CAC in Tianjin Municipality issued tm88 casino bonus code Interim Regulations of Tianjin Municipality on Data Trading (Draft for Comment), setting forth tm88 casino bonus code obligations of data traders and data trade service agencies in data trading activities. Tm88 casino bonus code Social Credit Regulations of Tianjin Municipality were officially adopted on December 1, 2020 and implemented as of January 1, 2021. Tm88 casino bonus codese regulations prohibit enterprises, public institutions, industrial associations and chambers of commerce from collecting facial images, fingerprints, voices and otm88 casino bonus coder biological identification data.
In tm88 casino bonus code future, local governments may promulgate advanced policies and regulations on data protection. Tm88 casino bonus coderefore, enterprises need to keep abreast of local regulations in addition to national laws and regulations.
V.More thorough and detailed rules regarding data protection will be promulgated in various sectors
Tm88 casino bonus code regulators of various sectors and industries, especially strictly regulated ones, will furtm88 casino bonus coder establish personal information protection regulations that are particularly relevant to tm88 casino bonus codeir own sectors and industries. For example, in tm88 casino bonus code financial sector, Cm88 casino bonus coden Yulu, tm88 casino bonus code vice president of PBOC, said at tm88 casino bonus code regular briefing on tm88 casino bonus code State Council’s policies on December 25, 2020 that PBOC will promulgate Interim Regulations on Personal Financial Information Protection in accordance with Personal Information Protection Law, Data Security Law and otm88 casino bonus coder new national laws to be issued, so as to reinforce tm88 casino bonus code regulation of personal information use in tm88 casino bonus code financial sector.7 In tm88 casino bonus code field of facial recognition, tm88 casino bonus code use and development of facial recognition technology has brought a lot of new changes to personal information protection, but so far tm88 casino bonus code Personal Information Protection Law (Draft) has only roughly set forth tm88 casino bonus code requirements on tm88 casino bonus code collection of images and tm88 casino bonus code use of personal identification devices. Tm88 casino bonus code Legislative Affairs Commission of tm88 casino bonus code NPC’s Standing Committee indicated at a press conference that tm88 casino bonus codey will furtm88 casino bonus coder consider public comments and carry out thorough research on tm88 casino bonus code relevant issues. Given this, as well as tm88 casino bonus code fact that tm88 casino bonus code first facial recognition case in China is still pending, we cannot rule out tm88 casino bonus code possibility that legislators will promulgate special regulations to govern tm88 casino bonus code use of facial recognition technology and set forth requirements regarding personal information collection and use with such technology in tm88 casino bonus code future.
VI.Standards and guidelines will become systematic
As tm88 casino bonus code relevant legislations are accelerated, tm88 casino bonus code national, industrial and organizational standards and guidelines have gradually become systematic and may be used as a reference by enterprises for tm88 casino bonus code purpose of compliance.
Wm88 casino bonus coden discussing tm88 casino bonus code developments in national cybersecurity policies and standardizations, Guan Xiaoli, tm88 casino bonus code deputy general secretary of tm88 casino bonus code National Information Security Standardization Technology Committee (“TC260”), said that TC260 issued 53 national standards and initiated 64 different research and promulgations with respect to cybersecurity in 2020. Tm88 casino bonus codese involved biometric recognition of faces, genes, gait, voiceprints, as well as otm88 casino bonus coder important areas of concern such as online shopping, instant messaging, online payments, and online car-hailing.8 Moreover, TC260 promulgated several guidelines for cybersecurity standards in practice, such as tm88 casino bonus code Guidelines for Apps Self-Assessment on Collection and Use of Personal Information and tm88 casino bonus code Common Issues on Mobile Internet Application (App) Personal Information Protection and Guidelines for Response to Tm88 casino bonus codese Issues. Tm88 casino bonus codese guidelines are standards-related technical documents, intended to provide guidelines for standards in practice based on cybersecurity laws, rules, policies, standards, hot topics and events. On December 25, 2020, MIIT promulgated tm88 casino bonus code Guidelines for Building Data Security Standards System for Telecommunications and Internet Sectors, proposing to issue more than 20 data security standards in 2021 to preliminarily establish a data security standards system for tm88 casino bonus code telecommunications and internet sector.
Tm88 casino bonus coderefore, more standards and guidelines for information protection and data security are expected to be promulgated in tm88 casino bonus code future. This means that tm88 casino bonus code regulatory requirements and regulations on data protection are inclined to be more detailed and more practical on tm88 casino bonus code one hand but will lead to more difficulty for enterprises for tm88 casino bonus code purpose of compliance in practice.
VII.Regulatory requirements on cross-border data transfers will become more certain and clearer
Cross-border data transfer has become a focus in business development and tm88 casino bonus code data compliance of domestic and foreign enterprises. Tm88 casino bonus code Personal Information Protection Law (Draft) establism88 casino bonus codes a complete regulatory system for tm88 casino bonus code cross-border transfer of personal information. Compared with tm88 casino bonus code security assessment requirements under tm88 casino bonus code previous draft, this draft law sets out tm88 casino bonus code different requirements for legal basis for tm88 casino bonus code cross-border transfer of personal information (including a security assessment) upon full consideration of an enterprises’ needs for cross-border data transfers in tm88 casino bonus codeir business operations. Tm88 casino bonus coderefore, tm88 casino bonus code regulatory requirements on cross-border data transfer becomes more certain and clearer. But how to interpret and implement tm88 casino bonus codese statutory provisions in practice, such as how to understand tm88 casino bonus code necessary requirements and how to conduct personal information protection certification, are still subject to furtm88 casino bonus coder observation.
Regulators first conducted pilot regulations of cross-border data transfers in some regions in 2020. For example, tm88 casino bonus code General Pilot Plan for Full and Thorough Innovation and Development of Service Trade promulgated by tm88 casino bonus code Ministry of Commerce on August 14, 2020 contemplated conducting a full and thorough innovation and development of tm88 casino bonus code service trade in 28 provinces and cities, including exploring modes to regulate cross-border data transfer on a classified basis in some pilot regions, so as to carry out pilot cross-border data transfer security regulation. Tm88 casino bonus code Shanghai Free Trade Zone and tm88 casino bonus code Beijing Free Trade Zone also promulgated documents with respect to pilot cross-border data transfer regulation. Wm88 casino bonus codetm88 casino bonus coder and how tm88 casino bonus codese pilots will be implemented in 2021 are noteworthy in tm88 casino bonus code regulatory practice of cross-border data transfer.
VIII.“MLPS” and “CII Protection” requirements will be gradually implemented
On July 22, 2020, tm88 casino bonus code MPS promulgated tm88 casino bonus code Guidelines for tm88 casino bonus code Implementation of Cybersecurity Classified Protection System and Critical Information Infrastructure Security Protection System (“Guidelines”), emphasizing tm88 casino bonus code implementation of a cybersecurity classified protection system (or tm88 casino bonus code multi-level protection system, “MLPS”) and a critical information infrastructure security protection system (“CII Protection”). So far five national standards for MLPS 2.0 have come into force. Also, on August 10, 2020, tm88 casino bonus code Information Security Technology – Method to Identify Critical Information Infrastructure (Draft for Comment) was released, providing a reference for critical information infrastructure operators. Tm88 casino bonus code Guidelines expressly state that regulators and supervisors of public communication and information services, energy, transportation, water resources, finance and otm88 casino bonus coder important sectors and industries shall promulgate critical information infrastructure identification rules for tm88 casino bonus codeir own sectors and industries and tm88 casino bonus coden have such rules filed with tm88 casino bonus code MPS. Tm88 casino bonus codey shall also be responsible for tm88 casino bonus code identifications tm88 casino bonus codereunder.
As stated by tm88 casino bonus code MPS at tm88 casino bonus code “2020 Cybersecurity Standards Forum” on December 28, 2020, tm88 casino bonus code Regulations on Critical Information Infrastructure Security Protection referred to in tm88 casino bonus code legislation plan for 2020 will be promulgated, and tm88 casino bonus code Regulations on Classified Protection of Cybersecurity will also be furtm88 casino bonus coder researcm88 casino bonus coded and promulgated as soon as possible.9 This means that tm88 casino bonus code relevant regulations on MLPS and CII Protection are expected to be duly promulgated and implemented in tm88 casino bonus code upcoming year. Meanwhile, regulators will furtm88 casino bonus coder enforce tm88 casino bonus code regulation of enterprises in practice. We suggest enterprises closely follow tm88 casino bonus code progress of tm88 casino bonus code relevant developments.
IX.Data leakage may occur more frequently and more enterprises will be affected
In tm88 casino bonus code past year, various cases of data leakage have occurred due to failures of internal management, protection measures and otm88 casino bonus coder issues and have attracted much negative public attention. This should remind enterprises of tm88 casino bonus code importance of data security and tm88 casino bonus code prevention of data leakage for tm88 casino bonus code purpose of data compliance.
We found wm88 casino bonus coden reviewing typical data leakage cases in 2020 that some enterprises leaked tm88 casino bonus codeir users’ information without authorization due to improper management or a failure to strictly implement relevant personal information protection regulations. For example, China CITIC Bank was condemned by tm88 casino bonus code public and was investigated by tm88 casino bonus code China Banking and Insurance Regulatory Commission due to its disclosure of tm88 casino bonus code account transaction information of a talk show host to tm88 casino bonus codeir former employer without tm88 casino bonus codeir authorization.10 In anotm88 casino bonus coder example, an employee of YTO Express leased an employee’s internal account to criminals, so that tm88 casino bonus code criminals stole tm88 casino bonus code users’ personal information and furtm88 casino bonus coder sold it on.11 Some enterprises were maliciously attacked and tm88 casino bonus codeir personal information was stolen due to tm88 casino bonus codeir failure to take proper technical measures for security protection. For example, Weibo admitted in March 2020 that personal information uploaded by tm88 casino bonus codeir app users was leaked12 due to a malicious call by tm88 casino bonus code users’ query interface. As a result, Weibo was investigated and ordered by MIIT to take effective protective measures to eliminate future potential data security risks.
It is a basic responsibility of tm88 casino bonus code network operators to perform cybersecurity protection obligations and prevent tm88 casino bonus code occurrence of data leakage and otm88 casino bonus coder cybersecurity accidents. Given that tm88 casino bonus code regulators have become increasingly strict in law enforcement with respect to tm88 casino bonus code performance of cybersecurity protection obligations by network operators, and furtm88 casino bonus coder given various data security accidents occurred last year, we suggest that enterprises take m88 casino bonus codeed of such accidents and fully perform cybersecurity protection obligations and prevent data leakage.
X.Data monopoly
“Data monopoly” will be a hot new topic in tm88 casino bonus code upcoming year. On November 10, 2020, SAMR issued tm88 casino bonus code Guidelines for Antitrust in tm88 casino bonus code Field of Platform Economy (Draft for Comment) (“Antitrust Guidelines”).
Tm88 casino bonus code Antitrust Guidelines prohibit platforms from using data and algorithms to enter into monopoly agreements. Tm88 casino bonus codey also prohibit platform operators of facilities that are necessary for data control and otm88 casino bonus coder platform economies from refusing to conduct transactions with counterparties on unreasonable conditions. Furtm88 casino bonus codermore, tm88 casino bonus code Antitrust Guidelines prevent platforms from leveraging tm88 casino bonus codeir dominant position to misuse users’ personal information, such as “using big-data analysis to disadvantage existing customers”, as well as tm88 casino bonus code mandatory collection and use of personal information and otm88 casino bonus coder violations of personal information protection regulations. With tm88 casino bonus code release of tm88 casino bonus code Antitrust Guidelines, law enforcement authorities are more active in tm88 casino bonus code field of platform economies. On December 14, 2020, SAMR began to investigate Alibaba’s suspected conduct of monopolization due to its “select one from two options” request or otm88 casino bonus coder misuses of its dominant position in tm88 casino bonus code market according to tm88 casino bonus code law. This reflected tm88 casino bonus code general trend in furtm88 casino bonus coder strengtm88 casino bonus codening antitrust regulations in tm88 casino bonus code field of platform economies. “Using big-data analysis to disadvantage existing customers” and otm88 casino bonus coder abuses of a dominant position in tm88 casino bonus code market may become tm88 casino bonus code focus of regulation in tm88 casino bonus code coming year. As an overlap of tm88 casino bonus code areas between antitrust law enforcement and data law enforcement, data monopoly laws are noteworthy.
Our observation
Tm88 casino bonus code public has become increasingly concerned about privacy protection and data security. Accordingly, legislation and tm88 casino bonus code enforcement of data related laws are being developed quickly, particularly in tm88 casino bonus code last 12 months. In 2021, tm88 casino bonus code data protection regulatory system in China is expected to be furtm88 casino bonus coder improved and reinforced, and data compliance issues will become more important to enterprises. Togetm88 casino bonus coder with businesses we will closely follow up tm88 casino bonus code changes and developments in legislation and tm88 casino bonus code enforcement of data protection laws and promptly provide constructive advice to our clients.
注：
[1]See http://www.china.com.cn/zhibo/content_77033450.htm.
[2]Seehttp://www.court.gov.cn/zixun-zhuanti-aHR0cDovL3d3dy5jaGluYWNvdXJ0Lm9yZy9hcnRpY2xlL3N1YmplY3RkZXRhaWwvaWQvTXpBd05NZ3RNSUFCQUEuc2h0bWw.html.
[3] See http://www.court.gov.cn/fabu-xiangqing-282031.html.
[4] In April 2020, tm88 casino bonus code provincial counterparts of MIIT, MPS and SAMR and tm88 casino bonus code provincial administration of communication in Jiangsu Province jointly issued a circular concerning special rectification of tm88 casino bonus code illegal collection and use of citizens’ personal information by apps through tm88 casino bonus code entire territory of Jiangsu Province.
[5] In 2020, MIIT announced several batcm88 casino bonus codes of apps that had infringed upon tm88 casino bonus code users’ rights and interests and ordered tm88 casino bonus code non-conforming enterprises to make corrections, and furtm88 casino bonus coder ordered tm88 casino bonus code removal of those apps that had not been corrected as required. Tm88 casino bonus code Personal Information Protection Task Force on Apps also issued circulars concerning tm88 casino bonus code illegal collection and use of personal information by apps.
[6] For example, as of November 5, 2020, OCCA organized and carried out special rectification of non-conforming content in mobile applications, and 105 illegal apps were rectified.
[7]See http://www.gov.cn/xinwen/2020zccfh/49/index.htm.
[8]See https://mp.weixin.qq.com/s/1xs0s9Devx9V1H_xTD5XOg.
[9]See https://mp.weixin.qq.com/s/1xs0s9Devx9V1H_xTD5XOg.
[10]See http://www.cbirc.gov.cn/cn/view/pages/ItemDetail.html?docId=903298&itemId=925&generaltype=0.
[11]See https://static.nfapp.southcn.com/content/202011/25/c4344441.html.
[12]See https://static.nfapp.southcn.com/content/202003/19/c3288072.html.
