PRC’s General Provisions of the Civil Law Enhance Personal Information Right and Data Protection

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While new legislation introduces the right to one’s personal information and specifies data protection, the definition and scope of lawful uses remains uncertain.

Key Points:

..A personal information right is recognized as a civil law right and thus creates a private right for tort action.

..Data are considered a type of “intangible” property, but separate from intellectual property like trade secrets, copyright and patents.

..The best way to understand the scope of the term is to compare the new General Provisions to other recent legislation including the Network Security Law.

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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