China’s Legislature Weighs in on Online Data Privacy; Other Recent Privacy Developments in China

On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”), China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of Network Information («?????????????????? ???????», the “Decision”). For the most part, the Decision merely affirms legal obligations already put in place by prior legislation. The most significant aspect of the Decision in regard to data privacy is the fact it was issued by the NPC, as China’s legislature, signaling the importance being placed on data privacy at the highest level of China’s law making system. More notable however are provisions unrelated to data privacy, which seek to enhance governmental control on freedom of communications over the internet.

This Alert briefly introduces the main provisions of the Decision and then highlights some other recent developments in China in regard to data privacy.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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