data protection issues, in particular, those regarding personal information submitted electronically. Although China does not yet have a comprehen- sive national data protection plan, the Government has published a number of administrative regulations and related advisory rules over the past year that have significantly advanced data protec- tion issues in China. These regulations, some of which are binding and some of which are merely advisory, will likely become the foundation on which China's data privacy laws are built. Therefore, foreign companies will benefit from familiarizing themselves with these policies, even those which are not binding, as the principles will likely be incorporated into subsequent regulations. China only addressed at a national level in certain provisions of general Chinese regulations. This section summarizes the scope of data protection under these regulations. While the scope of data protection has been extended by subsequent legislation, these regulations still remain valid. The most explicit data protection provi- sions are set forth in the Criminal Law of the People's Republic of China (the "Criminal Law") which prohibits any person from obtaining the personal infor- mation of any Chinese citizen by theft or other illegal means. Additionally, the Criminal Law prohibits private organizations and their employees from selling or otherwise illegally providing personal information of any Chinese citizen they obtain during This provision had originally only applied to government agencies, but was extended in 2009 to apply to private organizations involved in the financial, telecommunica- tion, transportation, education and medi- cal sectors. The Tort Liability Law of the People's Republic of China (the "Tort Law") also contains provisions regarding data protection. Article 2 of the Tort Law includes a right to privacy in the definition of civil rights. Accordingly, any person whose personal information is improperly obtained and/or disclosed may be entitled to file a claim under the Tort Law. It should be noted that, although both the Criminal Law and Tort Law contain provisions addressing data protection, there have not been any detailed guidelines or interpretations regarding the enforcement of such provisions. Therefore, these have had only a limited impact on the enforcement of data protection in China. Regulations number of rules, regulations, and advi- sory guidelines regarding data protection. This section summarizes the two primary national regulations issued by the Chinese authorities and discusses their impact on commercial practice. She is especially well-regarded for advising clients on the Asian legal structure of their companies, based on her sound understanding of the pitfalls and advantages of most Asian jurisdictions. She has advised clients in various industries such as manufacturing, energy (oil, gas and mining), technology and services. B-1002, R&F Full Square Plaza No. 16, Ma Chang Road ZhuJiang New City Tianhe District Guangzhou, China 510623 +8620 8121 6605 Phone +8620 8121 6505 Fax cberube@hjmasialaw.com www.hjmasialaw.com |