New Civil Code highlights privacy and personal information protection

On 28 May 2020 the National People's Congress passed the Civil Code, which will take effect on 1 January 2021 (for further details please see "Personal data protection under newly issued Civil Code").(1)

The Civil Code includes special provisions on the protection of privacy and personal information. Under the Civil Code, personal information pertaining to natural persons should be protected as a fundamental civil right. The processing (eg, collection, storage, use, processing, transmission, provision and disclosure) of personal information should adhere to the principles of lawfulness, legitimacy and necessity, and excessive and unreasonable processing is prohibited. In addition, the processing of personal information is generally subject to the following conditions:

• The natural person or their guardian must consent to the processing unless another law or administrative regulation provides otherwise.
• The rules for processing the personal information must be publicised.
• The purpose, method and scope of the processing must be expressly specified.
• The processor must not violate any law or administrative regulation or their agreement with the data subject.

The Civil Code also provides that natural persons have the right to access and obtain a copy of their personal information. If the information is incorrect, they may raise an objection and request its timely correction. If the information is processed in violation of any law or regulation or their agreement with the processor, they can request that the processor delete their information.

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 (yanghongquan@anjielaw.com or chenyang@anjielaw.com). The AnJie Law Firm website can be accessed at www.anjielaw.com.

Endnotes

(1) Further information is available here.