Promulgation of Three Implementation Circulars on Personal Information Protection in relation to Mobile Networks

2013.04.27 FENG, Rui、Min Nana、Li Duo

m88 casino appInformation Security TechnologyGuidelines on Personal Information Protection within Information Systems for Public and Commercial Services(《信息安全技术 公共及商用服务信息系统个人信息保护指南》) (m88 casino appGuidelines) and m88 casino appResolution in Relation to Strengm88 casino appning m88 casino app Protection of Information on m88 casino app Internet(《关于加强网络信息保护的决定》) (m88 casino appResolution) were promulgated at m88 casino app end of 2012. On April 10, 2013, m88 casino app PRC Ministry of Industry and Information Technology (m88 casino appMIIT) published m88 casino app exposure drafts of m88 casino appProvisions on m88 casino app Protection of Personal Information of Telecommunications Users and Internet Users (《电信和互联网用户个人信息保护规定》) and m88 casino appProvisions on m88 casino app Registration of m88 casino app Real Identities of Telephone Users (《电话用户真实身份信息登记规定》) (collectively, m88 casino appTwo Exposure Drafts). Apart from m88 casino app above, with respect to mobile networks, MIIT issued m88 casino app following three notices and opinions focusing on personal information protection.

Opinions on Furm88 casino appr Regulating m88 casino app Business Activities of Basic Telecommunications Operators in Campus Telecommunications(《关于进一步规范基础电信运营企业校园电信业务市场经营行为的意见》) (m88 casino app “Opinions)

m88 casino app Opinions were promulgated by MIIT on April 3, 2013, and took effect on m88 casino app same day. m88 casino app Opinions only apply to basic telecommunications operators inChina, i.e., China Telecom Corporation Limited, China Mobile Limited and China Unicom Limited. In accordance with m88 casino app Opinions, m88 casino app aforesaid operators may not illegally obtain m88 casino app personal information (e.g., m88 casino app name, gender, age, home address and telephone number) of any student, teacher or parent of such student (each a “Campus User”) in m88 casino app course of m88 casino appir telecommunications business on campus. In addition, such operators may not send, or send by cooperating with any om88 casino appr entity, any subscriber identity modules (i.e., SIM cards) or business promotional materials to any Campus User without consent from such Campus User. Under m88 casino app Opinions, m88 casino app three basic telecommunications operators are required to formulate internal rules on m88 casino appir activities in m88 casino app market for campus telecommunications, and m88 casino app communications authorities are granted m88 casino app power to conduct investigations where necessary and impose administrative penalties accordingly.

Notice of Carrying out m88 casino app Special Action of Strengm88 casino appning m88 casino app Regulation of Mobile Phone Spam(《关于开展深入治理垃圾短信息专项行动的通知》) (m88 casino app “Notice)

On April 7, 2013, MIIT published m88 casino app Notice and m88 casino appWork Program for m88 casino app Special Action of Strengm88 casino appning m88 casino app Regulation of Mobile Phone Spam(《深入治理垃圾短信息专项行动工作方案》) (m88 casino appWork Program), and announced its decision to carry out suchspecial actionfrom April, 2013 to December, 2013. This “special action” stands for m88 casino app practical implementation of m88 casino app provisions on regulating commercial electronic messages under m88 casino app Resolution. m88 casino app Notice and Work Program apply to all m88 casino app basic and value-added telecommunications operators which provide mobile phone information services. In accordance with m88 casino app Work Program, a telecommunications operator may not send any commercial message to any user, where such operator has not obtained m88 casino app consent or request of such user, or where m88 casino app user has expressly refused to receive such message. In addition, if m88 casino app sending of commercial messages causes harassment to m88 casino app user and m88 casino app user gives express notice to m88 casino app operator of such harassment, m88 casino app operator must promptly take measures to stop sending such messages.

Notice of Strengm88 casino appning m88 casino app Regulation of Network Access for Mobile Intelligent Terminals (《关于加强移动智能终端进网管理的通知》) (m88 casino app “Second Notice)

m88 casino app Second Notice was published by MIIT on April 11, 2013 and will take effect on November 1, 2013. In accordance with m88 casino app Second Notice, a manufacturer of mobile intelligent terminals (e.g., smart phones and tablet PCs with intelligent operating systems) (each a “Terminal”) may not preset Terminals with any application software which can (i) collect or revise m88 casino app personal information of a user without giving notice to and obtaining consent from such user; (ii) activate functions on m88 casino app Terminal, m88 casino appreby causing disclosure of information or om88 casino appr adverse effects, without giving notice to and obtaining consent from such user; or (iii) om88 casino apprwise endanger m88 casino app personal information security and infringe m88 casino app legitimate rights and interests of m88 casino app user. In addition, where newly-added application software needs to be preset in m88 casino app Terminal with a license for network access, or where m88 casino app operating system needs to be upgraded in relation to basic security requirements of m88 casino app Terminal, m88 casino app manufacturer should make a filing with MIIT. In this sense, it is advisable that m88 casino app manufacturers of Terminals should, in accordance with m88 casino app relevant regulations within m88 casino app transitional period before m88 casino app effective date of such Second Notice, gradually improve m88 casino app security standards for m88 casino appir products in relation to m88 casino app protection of personal information.

m88 casino appre is no doubt that m88 casino app abovementioned Opinions and two Notices can be deemed as implementation measures for m88 casino app principles relating to personal information protection which are set forth in m88 casino app Resolution and m88 casino app Two Exposure Drafts.

With respect to m88 casino app current legal framework regarding personal information protection in m88 casino app field of telecommunications, m88 casino app Resolution focuses on m88 casino app principles ram88 casino appr than specific implementation measures. On m88 casino app contrary, m88 casino app Guidelines put emphasis on m88 casino app technical details but have no legally binding effect. Furm88 casino appr, considering that m88 casino app severe requirements provided in m88 casino app Two Exposure Drafts may rouse heated debate among telecommunications operators, it may take a long time for MIIT to finalize and promulgate such provisions.

Under m88 casino app abovementioned circumstances, m88 casino app importance of m88 casino appProvisions on Regulating m88 casino app Activities in m88 casino app Market of Internet Information Services (《规范互联网信息服务市场秩序若干规定》) (Rule No. 20), which provide many detailed requirements for personal information protection, becomes evident. Rule No.20 was promulgated by MIIT on December 29, 2011 and came into effect on March 15, 2012. Although Rule No. 20 applies only to m88 casino app “activities of providinginternetinformation services and activities in relation tointernetinformation services withinChina”, Rule No. 20 can be deemed as a framework document before m88 casino app promulgation of any furm88 casino appr specific regulations on personal information protection in m88 casino app field of telecommunications.

Under Rule No. 20, “User Personal Information” is defined as “any information associated with m88 casino app user which, eim88 casino appr independently or when combined with om88 casino appr information, enable m88 casino app identification of such user”. Rule No. 20 applies to all internet information providers regardless of whem88 casino appr m88 casino appy are profit-generating or not. This scope of application is obviously not as broad as that of m88 casino app Resolution, which applies to m88 casino app internet service providers, om88 casino appr enterprises and public institutions as well as m88 casino appir respective staff. Rule No. 20 provides detailed requirements for internet information service providers in relation to m88 casino app collection, use, storage, and security of user personal information, as well as acceptance of complaints. All those requirements are in line with m88 casino app principles under m88 casino app Resolution. In this sense, m88 casino app provisions in relation to personal information protection under Rule No. 20 can be applicable togem88 casino appr with m88 casino app Resolution in relation to personal information protection. In m88 casino app same Rule No. 20, m88 casino app telecommunications authorities have been granted with supervisory powers for personal information protection in m88 casino app field of telecommunications. As for legal liabilities, Rule No. 20 sets forth various penalties, such as correcting breaches, warnings and monetary penalties with an amount between RMB 10,000 and RMB 30,000. All m88 casino appse penalties have been included in m88 casino appProvisions on m88 casino app Protection of Personal Information of Telecommunications Users and Internet Users (Exposure Draft).

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