China Updates- Cyber-security & Law of Evidence

Cyber-security

China’s People’s Congress released (on 8th July) a first draft of a cyber-security law for public comment. The proposed law will be the first regulation in China exclusively devoted to information security and data privacy in cyberspace. The law is held out as an being important to bring China’s and information security and privacy regulation into line with the outside world although (inevitably?) the greatest focus internationally has been on its possible adverse impact on freedom of information and business confidentiality.

Less controversially, however, the proposed law addresses for the first time cross-border transfer of citizens’ personal data. Likewise, people are for the first time given the right to access, correct, and delete their personal information; and Article 36 requires a network operator to notify a user and to report to the relevant department of the State Council when a serious privacy breach occurs.

There is now an obligation on operators to store Chinese citizens’ personal data within mainland China, which will, at least in theory, present challenges to companies operating internationally who (for example) provide customer service from a jurisdiction other than the one where customers are located. However, there is provision for a system of security clearances to, effectively, give permission for such data transfer. 

Law of Evidence

The Supreme People’s Court has (on July 1st) issued guidelines for the use of precedent, which they call “model cases”. However, although the model case may be cited by the court in its judicial reasons, it cannot be used as the basis of its judgment, perhaps because China is a civil law jurisdiction.

***
Primasia will post the updates of Hong Kong and China from time to time. Follow us on our Website/ Blogger/ LinkedIn and stay tunned for our updates!

===================================================================

Need more information?

Please contact:

John Barclay -Email

Teresa Tam - Email 

--------------------------

Follow us on:

Website: Primasia HK / Primasia China

LinkedIn: Primasia

--------------------------

Primasia Corporate Services Limited

Tel: +852 2882 2088

Suite 1106-08, 11/F., Tai Yau Building, No. 181 Johnston Road, Wanchai, Hong Kong