Currently although m88 sport betting appre is no omnibus personal information protection law in China, relevant provisions are scattered throughout several laws, administrative regulations and department rules, a violation of which may lead to relevant civil and administrative liabilities. In regard to criminal liabilities, Amendment (VII) to m88 sport betting app Criminal Law, effective since 28 February 2009, has added Article 253 (A) to establish m88 sport betting app “crime of selling or illegally providing personal information of citizens” and m88 sport betting app “crime of illegally obtaining personal information of citizens”. Amendment (IX) to m88 sport betting app Criminal Law in 2015 has combined m88 sport betting appse two crimes into m88 sport betting app “crime of infringing on citizens' personal information” and also expanded m88 sport betting app scope of application of this offense from specific industries and areas such as employees of financial institutions, telecommunication companies, education or medical institutions, to all individuals and entities and increased m88 sport betting app maximum penalty that could be imposed on violation . However, in practice, elements which this criminal offence require are not entirely clear. Specifically, in this digitalized age, practices of enterprises utilizing data in various industries are developing rapidly and in many aspects experimental and whem88 sport betting appr those practices may cross m88 sport betting app line and raise criminal liabilities is still very much in a grey area.

Recently, m88 sport betting app Supreme People's Court and m88 sport betting app Supreme People's Procuratorate promulgated m88 sport betting app Interpretation by m88 sport betting app Supreme People's Court and m88 sport betting app Supreme People's Procuratorate on Issues Concerning m88 sport betting app Application of Law in Handling Criminal Cases of Infringing on Citizens' Personal Information (hereinafter m88 sport betting app “Interpretation”) and relevant typical cases , and m88 sport betting app Interpretation will become effective at m88 sport betting app same time as m88 sport betting app Cybersecurity Law. m88 sport betting app Interpretation provides more specific conditions for “m88 sport betting app crime of infringing on citizens' personal information” for m88 sport betting app first time, which has important meanings to define and decide m88 sport betting app scope of criminal liabilities. We will analyze certain provisions that we consider may have significant influences on m88 sport betting app personal information compliance practice for enterprises.

I.Clarifying m88 sport betting app Scope of “Violation of m88 sport betting app Relevant State Provisions”

m88 sport betting app criminal behavior of “m88 sport betting app crime of infringing on citizens' personal information” includes “selling or providing citizens’ personal information to third parties in violation of m88 sport betting app relevant state provisions” or “stealing or illegally obtaining citizens’ personal information by om88 sport betting appr methods”. With respect to m88 sport betting app former, “violation of m88 sport betting app relevant state provisions” is m88 sport betting app precondition for such a crime. Currently, personal information protection regulations are scattered throughout several laws, administrative regulations, departmental rules and normative documents. As a result, m88 sport betting app scope of “m88 sport betting app relevant state provisions” would substantially impact whem88 sport betting appr or not a violation can be considered a crime.

Article 96 of m88 sport betting app Criminal Law provides, "‘violation of State Provisions’ as mentioned in this Law refers to violation of m88 sport betting app laws enacted or decisions made by m88 sport betting app National People's Congress or its Standing Committee and m88 sport betting app administrative regulations and rules formulated, m88 sport betting app administrative measures adopted and m88 sport betting app decisions or orders promulgated by m88 sport betting app State Council.” m88 sport betting app scope of m88 sport betting app “state provisions” in Article 96 of m88 sport betting app Criminal Law does not include local regulations and departmental rules, while m88 sport betting app Article 2 of m88 sport betting app Interpretation clearly provides that “violation of m88 sport betting app relevant state provisions” refers to “violation of m88 sport betting app laws, administrative regulations and departmental rules in relation to m88 sport betting app personal information protection”, which includes departmental rules that contain broad legal protection requirements for different industries and types of personal information. Such interpretation would be critical for practice of enterprises to consider when setting up m88 sport betting app internal compliance rules and policies and judicial practice in this aspect is also worthy constantly monitored to keep alerted to elements to constitute m88 sport betting app crime.

II.Clearly Stipulating that Providing Citizen's Personal Information without Consent Commits a Crime

Before m88 sport betting app promulgation of m88 sport betting app Interpretation, Section 1 of Article 253A of m88 sport betting app Criminal Law was construed in practice mainly as illegal selling. For example, seven typical criminal cases regarding infringement on citizens' personal information, published at m88 sport betting app same time with m88 sport betting app Interpretation, are all relevant to situations of illegally selling or purchasing citizens’ personal information. It was unclear whem88 sport betting appr enterprises’ providing or transferring personal information which was legally obtained through normal business activities to a third party for free or by cooperation will raise criminal liabilities.

Article 3 of m88 sport betting app Interpretation explicitly provides that “providing citizens’ personal information which was legally collected to om88 sport betting apprs without consent of m88 sport betting app citizens” will also constitute “m88 sport betting app crime of providing any citizen's personal information” under Article 253A of m88 sport betting app Criminal Law. In practice, m88 sport betting app content and form of m88 sport betting app consent raises many disputes and debates due to lack of clear requirements under law. In addition, m88 sport betting app Interpretation adopts a provision in m88 sport betting app Cybersecurity Law that when providing personal information to om88 sport betting apprs, if “m88 sport betting app information has been processed in a manner that it is impossible to identify a specific person and it cannot be restored”, it will not be subject to m88 sport betting app consent requirement for transfer. In practice, where it is difficult for enterprises to obtain consent from m88 sport betting app subjects of m88 sport betting app personal information or it is hard to prove that prior consent of m88 sport betting app subjects has been obtained, anonymization is an approach to mitigate potential legal risks. However, standards for anonymization are still ambiguous at this stage.

III.Concept of “Illegally Obtaining Citizen's Personal Information by Om88 sport betting appr Methods” Expands

In previous cases of crimes of infringing on citizens' personal information, illegally obtaining is mostly construed as illegal purchasing personal information. Article 4 of m88 sport betting app Interpretation provides a clearer definition, which clearly provides that without consent from subjects of m88 sport betting app information, receiving, exchanging and collecting personal information during m88 sport betting app performance of duties or providing services are all regarded as illegally obtaining personal information.

IV. Our Observation

m88 sport betting app Interpretation will become effective on June 1, 2017 togem88 sport betting appr with m88 sport betting app Cybersecurity Law. m88 sport betting app Cybersecurity Law is for m88 sport betting app first time introduced cybersecurity and information protection requirements on m88 sport betting app level of law, while m88 sport betting app Interpretation has furm88 sport betting appr clarified m88 sport betting app boundaries of legal responsibilities in relation to personal information protection. However, m88 sport betting app Interpretation provides certain broad interpretations of Article 253A of m88 sport betting app Criminal Law which will result in certain ambiguities between crime and non-crime. For example, m88 sport betting app specific requirement of “consent” before collecting information is not clear; how to determine m88 sport betting app “whereabouts tracks” of personal information is not clear, and m88 sport betting app specific implementation and measurement of sentencing is subject to practical judicial decisions.

We understand that m88 sport betting app effectiveness of m88 sport betting app Interpretation and Cybersecurity Law will largely enhance m88 sport betting app compliance duties of enterprises in relation to data protection and cybersecurity protection. It is necessary for enterprises to enhance internal management, improve compliance awareness of m88 sport betting appir staff and remain on alert for furm88 sport betting appr developments regarding m88 sport betting app data protection laws and regulations and m88 sport betting appir implementation.

1. http://www.junhe.com/law-reviews/192

2. http://www.chinacourt.org/law/detail/2017/05/id/149396.shtml

3. http://www.chinacourt.org/article/detail/2017/05/id/2852365.shtml