Applications of China’s New Personal Information Protection Standards

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China’s Ministry of Industry and Information Technology recently released draft voluntary regulations intended to protect citizens against the misuse of personal information by Internet Information Service Providers. The Provisions represent China’s first regulations to explicitly address the issues of unfair competition on the internet and personal information protection. This article explains the regulations and notes that, while they are still in draft form, the Provisions represent an important step toward progress in Chinese privacy legislation, and it appears likely that China will soon see new laws on personal information protection.

On 27 July 2011, China’s Ministry of Industry and Information Technology (MIIT) issued draft regulations intended to protect citizens against the misuse of personal information by Internet Information Service Providers. The draft regulations, entitled “Provisions on the Administration of Internet Information Services” (Provisions), establish users’ rights and set guidelines for the distribution of Internet services. The Provisions stipulate that, among other requirements, Internet Information Service Providers must collect only personal information relevant to Internet services, inform users about the terms of the information collection before obtaining consent and protect users’ information from distribution to third parties.

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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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