On 15 September 2018 the Ministry of Public Security released the Provisions on the Supervision and Inspection of Internet Security by Public Security Organs.(1) The provisions took effect on 1 November 2018.
According to the provisions, public security organs must supervise and inspect internet service providers and network entity users that provide:
- services relating to internet access, internet data centres, content distribution or domain names;
- internet information services;
- public internet services; and
- other internet services.
The provisions state that public security organs may, when supervising and inspecting internet security on-site:
- enter business premises, computer rooms and office spaces;
- require the responsible persons or cybersecurity management personnel of the target entity to explain the matters under inspection;
- access and copy information concerning the supervision and inspection of internet security; and
- analyse the operation of technical measures regarding cyber and information security protection.
However, public security organs and their staff must maintain the confidentiality of all personal information, private information, commercial secrets and state secrets that they learn of in performing their duties and must not leak, sell or unlawfully provide such information to other parties.
For further information on this topic please contact Samuel Yang or Yang Chen at AnJie Law Firm by telephone (+86 10 8567 5988) or email ([email protected] or [email protected]). The AnJie Law Firm website can be accessed at www.anjielaw.com.?
Endnotes
(1) Further information is available here.
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