首页 About SBCS | Investigation | Risk Management | Training | 中文 
Hi, guest
Register | Login
Academic Articles

China's Amendment to Criminal Law Includes Data Protection Provisions

 

 

Keywords:   Criminal liability, penalties, personal information, misappropriate personal data, management personnel, enterprise

 

An amendment to the P.R.C. Criminal Law has been passed by the Standing Committee of the National People’s Congress. The amendment includes a provision imposing criminal liability on persons who misappropriate personal information during the course of performing their professional duties. A previous Hunton & Williams Client Alert reported on the amendment that has now become effective as law.

The amendment as passed imposes potential criminal penalties not only on government agency personnel, but also on personnel in financial, telecommunications, transportation, educational and medical institutions who may sell personal information or provide it to others. In other words, the law appears to allow the imposition of penalties within the private sector, as well as on government officials who misappropriate personal data. The law can also make an enterprise, or a supervising person within an enterprise (“management personnel with direct responsibility”), liable for such misappropriations that are conducted by the enterprise.

Possible penalties for such misappropriations include imprisonment for less than three years, imposition of a fine (as a single penalty or concurrently with other penalties), or detention. The amendment also makes intrusions into computer systems outside the government sector and obtaining information stored, processed, or transmitted thereon a criminal act.

Companies in the financial, telecommunications, transportation, educational and medical sectors in China may want to establish internal procedures to prevent misappropriations of personal data within their enterprise, and to undertake employee educational efforts to foster awareness of the importance of handling personal data with appropriate care.

Source: http://www.huntonprivacyblog.com/2009/03/articles/international/chinas-amendment-to-criminal-law-includes-data-protection-provisions

 

 

 

 

 

For more:

China weighs credit database options (Ⅰ) -- Analyzing credit reporting system models

China weighs credit database options (Ⅱ) -- Analyzing credit reporting system models

Growing of China Credit Database  

Credit Report

Personal Credit is to be kicked off in China

Introduction on the Business Databases Search in Hong Kong , Macao and Taiwan

Risk Investment and Risk Management in Business Industry

2009 Chinese Tax Regulations for Non-Resident Enterprises

Construction of Credit System Sees No Basis in Law and Government’s Regulation

The ABCs of Due Diligence

How to Do a Credit Background Check

Insolvency and Corporate Bankruptcy in China

Building a Credit Infrastructure in China

How Your Credit Report and Credit Score are Used 

Credit Guarantee Legal System in China

Check Your Mortgage Credit Score - Get the House You Want

Employment Background Checks

Find out Who Phone Number Belongs to

Top 5 Most Valuable Professional Qualification Certificates in China at Present

Top 10 Certified Public Accountants in China

Pre Employment Screening

Pre-Employment Check - A Must for All Businesses

Getting Married in China (I)

Getting Married in China (II)

Civil Records in China (I)

Civil Records in China (II)     

Regional Security of China Tourism

 

 

 

 

 

 

 

 

SBCS Investigation Services cover Beijing, Tientsin, Shijiazhuang, Taiyuan, Huhhot/Hohhot, Shenyang, Changchun, Harbin, Shanghai, Nanking, Hangchow, Foochow, Nanchang, Tsinan, Chengchow, Wuhan, Changsha, Canton, Nanning, Haikou, Chongqing, Chengtu, Kewiyang, Lhasa, Si’an, Lanchow, Xining, Yinchuan, Urmuqi, Taipei, Hong Kong, Macau and so on.