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.
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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!
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