China Promulgates Tougher Criminal Provisions Governing Data Privacy

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One of the more dramatic privacy law developments in China in 2014 was the August criminal conviction of foreign nationals Peter Humphrey and Yu Yingzeng for their violation of Article 253 of the Criminal Law (??) associated with their unlawful purchase of Chinese citizens’ personal information. One of the more notable developments in 2015 is the amendment of Article 253 by China’s legislature, the National People’s Congress (NPC), in order to permit criminal prosecutions relating to a broader range of acts involving the unlawful disclosure or the unlawful procurement of personal information. The amended provision comes into effect November 1, 2015. This brief alert provides an overview of the changes to Article 253.

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