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31 May 2019
On 19 April 2019 the Security Protection Bureau of the Ministry of Public Security, the Beijing Cyber Industry Association and Research Institute Number 3 of the Ministry of Public Security jointly issued the Guidelines for the Protection of Personal Information Security on the Internet. The guidelines set out a series of management measures, security technology measures and business processes for the protection of personal information. It is recommended that the following parties comply with the guidelines:
The key elements of the guidelines are as follows.
The guidelines provide no penalties and appear to be non-binding, calling for entities to adopt the principles and rules therein on a voluntary basis. However, because of their official nature and China's lack of data protection law, the guidelines are likely to be treated as a statute-like norm and may be referred to in enforcement campaigns by the police authorities.
In addition, while these guidelines may help companies to establish sound personal information mechanisms, some of the specific provisions therein – such as the personal data localisation requirement and the MLPS requirements for personal information processing systems – may create onerous burdens for companies operating in China. That said, the actual application of the guidelines remains to be seen.
For further information on this topic please contact Samuel Yang or Hongyu Jiang at AnJie Law Firm by telephone (+86 10 8567 5988) or email (firstname.lastname@example.org or email@example.com). The AnJie Law Firm website can be accessed at www.anjielaw.com.
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