Legislation
Eight Departments Jointly Issue Implementation Opinions on Promoting the Evolution of IPv6 Technology and Innovative Development of Applications
On April 24, eight departments, including the Ministry of Industry and Information Technology ("MIIT"), the Cyberspace Administration of China ("CAC"), the National Development and Reform Commission, the Ministry of Education, the Ministry of Transportation ("MOT"), the People's Bank of China, the State-owned Assets Supervision and Administration Commission of the State Council and the National Energy Administration, recently jointly issued the "Implementation Opinions on Promoting the Evolution of IPv6 Technology and Innovative Development of Application", proposing that by the end of 2025, IPv6 technology evolution and application innovation will have achieved significant results, network technology innovation capacity will have been significantly enhanced, and specific development goals will be clearly defined in terms of significant breakthroughs in technological innovation, substantial improvement in industrial support capacity, sustained enhancement of infrastructure capacity, prominent application in key industries, and significant improvement in security assurance capacity. 1
NISSTC Solicits Comments on Implementation Guidelines for Cyber and Data Security Risk Assessment
On April 18, 2023, to guide data handlers to carry out cyber and data security risk assessment, the National Information Security Standardization Technical Committee ("NISSTC") drafted the Implementation Guidelines for Cyber and Data Security Risk Assessment and made it available for public comments. 2
SPP Solicits Opinions on Strengthening the Online Work on Rule of Law of the Procuratorate in the New Era
On April 18, the Supreme People's Procuratorate ("SPP") issued the Opinions on Strengthening the Online Work on Rule of Law of the Procuratorate in the New Era ("Opinions"). The Opinions consist of 21 articles in 6 areas, which focus on the important deployment of the 20th National Congress of the Communist Party of China ("CPC") on improving the comprehensive network governance system, combined with the actual performance of procuratorial duties, and put forward specific requirements for strengthening the online work on rule of law of procuratorate in the new era from the aspects of network legislation, law enforcement, justice, legal knowledge propagation, as well as rule of law research and team building. 3
NISSTC Issues Highlights of NISSTC's Work in 2023
On April 16, to strengthen the top-level design of cybersecurity standards and develop key standards for national cybersecurity priorities and technology industry development, the NISSTC issued the Highlights of NISSTC's Work in 2023, proposing that the framework of cybersecurity standards system and data security and personal information protection will become the focus. 4
CAC Releases Administrative Measures for Generative Artificial Intelligence Services (Draft for Comment)
On April 11, in order to promote the healthy development and standardized application of generative artificial intelligence technology, in accordance with the Cybersecurity Law of the People's Republic of China ("CSL") and other laws and regulations, the CAC drafted the Administrative Measures for Generative Artificial Intelligence Services (Draft for Comment) and released for seeking public comments. 5
MST Publishes Measures for Review of Scientific and Technological Ethics (for Trial Implementation) for Public Comments
On April 4, to implement the Opinions on Strengthening the Governance of Scientific and Technological Ethics, strengthen ethical review and supervision of science and technology, and promote responsible innovation, the Ministry of Science and Technology ("MST") took the lead and, together with relevant departments, researched and drafted the Measures for Review of Scientific and Technological Ethics (for Trial Implementation) and released for seeking for public comments. 6
Enforcement Authority
CAC Launches Clear Action to Optimize Business Environment, Strictly Investigates Speculation and Leakage of Entrepreneurs' Personal Information
On April 28, 2023, the CAC decided to launch a three-month nationwide special campaign on "Clean Action: Optimize the Network Environment of Businesses and Protect the Legitimate Rights of Enterprises and proposed to focus on ten types of online chaos, one of the ten chaos is: leaking business secrets, fictitious topics about entrepreneurs' private lives, speculating on entrepreneurs' personal privacy, and leaking personal information such as entrepreneurs' biometrics, medical health, financial accounts, tracks records, home addresses, ID numbers and phone numbers. 7
Five Departments: Re-emphasize Network and Data Security Responsibilities of Online Car Platforms
On April 25, the MOT, the MIIT, the Ministry of Public Security ("MPS"), the State Administration for Market Regulation ("SAMR"), and the CAC jointly issued a document proposing that local departments of transport, telecommunications, public security, and cyberspace administration should urge online car aggregation platforms and cooperative online car platform companies to implement cybersecurity measures, strictly protect and manage data security, and take effective measures to prevent the leakage, destruction, and loss of personal information of drivers, riders, and passengers. 8
MIIT Introduces Works in First Quarter, Focusing on Regulating Issues Incl. "Shake"
On April 20, the State Council Information Office held a press conference to introduce the development of industry and information technology in the first quarter of 2023, proposing that recent work has been carried out to rectify key problems, more than 500,000 APPs have been technically tested, 101 illegal APPs and SDKs have been notified, focusing on the "Shake" and effectively purifying the service environment. 9
CCA: Unfriendly Electronic Devices and Personal Information Leakage Plague Elderly Consumers
On April 19, according to a report released by the China Consumers Association ("CCA") , nearly 90% of elderly people prefer to age at home; the consumer environment for the elderly still needs to be "age-appropriate" and nearly 60% of them find it difficult to use electronic devices; privacy issues also plague most elderly people, with a quarter of the respondents having experienced privacy leaks in their pension consumption. 10
CAC Holds National Conference on Network Reporting
On April 17, the CAC held a national network reporting work conference in Beijing. The meeting pointed out that strengthening the network reporting work, and requested that all departments should strengthen the responsibility to effectively promote the implementation of network reporting task. 11
CAC and Other Four Departments: Adjusting Issues Related to Security Management of Special Products for Cybersecurity
On April 12, to strengthen the security management of special products for cybersecurity, to promote mutual recognition of security certification and security testing results, to avoid duplication of certification, testing, according to the CSL, the CAC and other four departments adjusted and announced the security management of special products for cybersecurity related issues. 12
SAMR: Recommend Full Encryption of Courier Personal Information
On April 7, the SAMR held a press conference to introduce the two national standards of the Express Electronic Waybill and the General Shipping Address Coding Rules. The two new national standards recommend that personal information can be fully encrypted in the chapter of "personal information protection", to promote the high-quality development of the postal industry and better meet the needs of the people for a better life. 13
MPS: Constructing Firewall of Information Security Standards
On April 3, the MPS held a press conference to release over 100 public security industry standards. The industry standards aim to combat cybercrime, protect citizens' personal information, ensure a clear and orderly cyberspace environment, and promote the construction of a firewall of information security standards such as cybersecurity graded protection, online identity authentication, and network intrusion prevention. 14
Enforcement Cases
Jiangsu Communications Administration Discloses APPs with Security Problems and Illegal Collection and Use of Personal Information
On April 23, 2023, the Jiangsu Communication Administration continued to carry out special rectification actions for APPs' infringement on users' rights. During the campaign, the Jiangsu Communications Administration detected 25 APPs with cybersecurity hazards or illegal collection and use of personal information and required the 25 APPs to complete rectification in 20 days. 15
Courts Litigation
Hangzhou Internet Court: Principle of Presumption of Fault Applies to Infringement of Users' Personal Information Rights by Platforms
On April 25, 2023, the Hangzhou Internet Court concluded a case involving the safety and security obligations of personal information handlers. The case clarified the boundaries of the personal information security protection obligations under the E-commerce Law of the People's Republic of China and the presumption of fault standard for personal information handlers under the Personal Information Protection Law of the People's Republic of China. 16
Beijing Intellectual Property Court Releases Ten Typical Cases Re. Data Related Unfair Competition
On April 23, on the 23rd World Intellectual Property Day, the 2023 Zhongguancun Intellectual Property Forum, jointly organized by the Zhongguancun Science City Administrative Committee and the Beijing Intellectual Property Court, and co-organized by the Haidian District Intellectual Property Office and the Haidian District People's Court, was successfully held at the Exhibition Center of Zhongguancun National Independent Innovation Zone. At the forum, ten typical cases of the Beijing Intellectual Property Court involving data against unfair competition were released. 17
Beijing Internet Court: Browsing Records Both Personal Information of Users and Video Publishers
On April 23, the Beijing Internet Court concluded the case of Zhang v. a network technology company in a dispute over the protection of personal information. The court held that the user's browsing record is a record of the individual's behavior in online activities, which is both the user's personal information and may also involve the personal information of the video publisher, and that the bona fide doctrine should be followed while protecting personal information. 18
SPC: Firmly Sanction for Excessive Collection and Use of Personal Information and Use of Algorithms to Commit Price Fraud
On April 20, the Supreme People's Court ("SPC") held a press conference today to inform the public of the overall situation of judicial protection of intellectual property rights in the national courts in 2022. Guanghai Lin, Head of the Third Civil Division of the SPC, said at the conference that the people's court firmly sanctioned the excessive collection and use of personal information and the use of algorithms to commit price discrimination and price fraud. 19
Shunyi District Court: Illegal Sale of 10,000 Employee's CVs Constitutes Crime of Infringement of Citizens' Personal Information
On April 11, the Shunyi District Court heard and delivered a judgement on the case of criminal public interest litigation against the defendant Yu for infringement of citizens' personal information. The prosecutor held that the defendant Yu illegally obtained and sold citizens' personal information, constituting the crime of infringement of citizens' personal information, and Yu's behavior infringed the personal information rights and interests of an unspecified majority of people, damaging the public interest of society, while instituting civil public interest litigation incidental to the criminal. The Shunyi District Court decided that the defendant Yu's series of acts constituted the crime of infringement of citizens' personal information. 20
Academia
Mr. Jet Deng Gave Systematic Lecture on Personal Information and Data Protection Law and Practice to Students of China University of Political Science and Law
On April 18, 2023, the Senior Partner of Dentons Beijing, Mr. Jet Deng was invited by the China-EU School of Law of China University of Political Science and Law to give a three-and-a-half-hour lecture on the topic of "Personal Information and Data Protection: Theory and Practice" for the seventh time at the Changping Campus of China University of Political Science and Law. 21
Footnotes
1.http://www.cac.gov.cn/2023-04/24/c_1683979081413287.htm
2.https://www.tc260.org.cn/front/postDetail.html?id=20230418101059
3.https://mp.weixin.qq.com/s/FMyejpgGD0uSzEQvBNKNtQ?scene=25#wechat_redirect
4.https://mp.weixin.qq.com/s/5C6ZbN_yPjvzPbqnM9B_rA?scene=25#wechat_redirect
5.http://www.cac.gov.cn/2023-04/11/c_1682854275475410.htm
6.https://finance.sina.com.cn/tech/roll/2023-04-04/doc-imypfnva9770370.shtml
7.http://www.cac.gov.cn/2023-04/28/c_1684238994177926.htm
8.https://xxgk.mot.gov.cn/2020/jigou/ysfws/202304/t20230426_3811942.html
9.https://www.cnii.com.cn/rmydb/202304/t20230420_464493.html
10.https://m.21jingji.com/article/20230419/herald/3bc5ce0470b9e46ceee4c6e4f14d500d.html
11.https://mp.weixin.qq.com/s/H_xpubgIKVPERSYGda4-Xg?scene=25#wechat_redirect
12.https://mp.weixin.qq.com/s/MvrY_b60zOD8OHDYYWHCnw?scene=25#wechat_redirect
13. https://news.bjd.com.cn/2023/04/07/10390717.shtml
14. https://news.cnr.cn/dj/20230403/t20230403_526204644.shtml
15.https://jsca.miit.gov.cn/gzcy/gggs/art/2023/art_f6ab9aceed204ded863440851229dd41.html
16.https://mp.weixin.qq.com/s/1ycjdPfBm-Q9WbOckCmXxg?scene=25#wechat_redirect
17.https://mp.weixin.qq.com/s/O5dAsi-kRdXauDOD0G2N2Q?scene=25#wechat_redirect
18.https://mp.weixin.qq.com/s/a-d8FXNnT6Hap-eTBZH5JA?scene=25#wechat_redirect
19.https://www.163.com/dy/article/I2PMC6110514R9KQ.html
20.https://mp.weixin.qq.com/s/4y2uCp_oPH5jf3uZToodgg?scene=25#wechat_redirect
21.https://mp.weixin.qq.com/s/0xG-iQXwdpeEFKlm9SkF0w
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