On 20 July 2020 the Supreme People's Court and the National Development and Reform Commission issued the Opinions on Providing Judicial Services and Supports to Accelerate the Improvement of the Socialist Market Economy System in the New Era.(1)
The opinions emphasise that the state should strengthen the protection of data rights and personal information security. In addition, opinions recommend that the state should:
- respect the law of the socialist market economy and the development practice of data-related industries;
- protect data collection, use, trading and the intellectual achievements according to the law;
- improve the legal system for data protection;
- properly handle various data-related dispute cases;
- promote the deep integration of big data and other new technologies, new fields and new business forms; and
- serve the innovative development of the data element market.
The opinions also set out that the state should:
- implement the section of the Civil Code on the protection of personality interests;
- improve the judicial protection mechanism for personal information rights and interests (eg, biological and social data of natural persons);
- examine the boundary between the development of information technology and personal information protection; and
- balance the relationship between personal information and public interests.
Endnotes
(1) Please see here.
