Originally published in Privacy & Security Law on 03/18/2013.

There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific regulations. The latest of these regulations governs protection of consumer data by credit reporting agencies. More significantly, China has issued new voluntary guidelines on management of computerized information of individuals. We discuss both of these developments below.

Voluntary Guidelines -

The Information Security Guidelines for Protection of Personal Information Within Information Systems for Public and Commercial Services (the ‘‘Guidelines’’) took effect Feb. 1. The Guidelines, which were issued as a ‘‘national standard’’ under China’s GB (‘‘guobiao’’) standardization system, are not mandatory and thus lack the force of law. That said, we anticipate that the Guidelines will serve as an important reference for companies seeking to develop best practices in order to comply with existing People’s Republic of China (PRC) legal provisions that pertain to data privacy, such as the general right to privacy under the Tort Liability Law and the sector-specific regulations mentioned above. Moreover, the Guidelines may serve as an indication of the direction in which the PRC government may be heading with respect to data protection laws in the future.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

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.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.