New Chinese Legislation Includes Provisions Protecting Personal Information

Two separate acts of legislation have been passed in China to address the protection of citizens’ personal information. An amendment to the Law of the People’s Republic of China on Resident Identity Cards provides additional provisions to protect the personal data contained on the cards. The amendment requires agencies and organizations that process the identity card data to keep the information confidential. Violations of the act could result in possible criminal sanctions, imprisonment, fines or civil liabilities. The Regulation of Information Technology of Jiangsu Province (the “Regulation”) serves as a milestone in China’s development toward a national personal information protection law. This law goes into effect on January 1, 2012 and addresses the collection and use of personal information, extending protection beyond individual industry sectors. Those who violate the Regulation face administrative penalties such as fines and criminal sanctions.

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