Legislation roundup: Internet news services, online content investigations, and personal data criminal cases
May 11, 2017 | BY
Katherine Jo &clp articles &The CAC has required Sino-foreign joint online news services to undergo security assessments and companies to provide user data for internet content investigations, and the SPC and SPP have defined "serious circumstances" for personal data infringement cases
Cybersecurity
Cyberspace Administration of China, Provisions for the Administration of Internet News Information Services
No organization may establish a Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned internet news information service entity.
Where an internet news information service entity wishes to cooperate with a Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned enterprise in China or abroad in business involving internet news information services shall refer the same to the Cyberspace Administration of China for a security assessment.
Cyberspace Administration of China, Provisions on the Procedures for Administrative Law Enforcement in Respect of the Administration of Internet Information Content
The subject of an investigation or relevant personnel shall truthfully respond to questioning, assist and cooperate in the investigation, provide, in a timely manner, relevant materials, such as information published by the internet information service provider, information published by users, log information, that, in accordance with the law, is subject to preservation, and may not obstruct or interfere in the investigation of the case.
Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases Involving the Infringement of the Personal Information of Citizens
The Interpretation lists the circumstances that apply to the unlawful obtaining, sale or provision of the personal information of citizens and that shall be deemed as the “circumstances are serious” as specified in Article 253-1 of the Criminal Law, including:
(1) it is known or ought to be known that a third party is using the personal information of citizens to commit crimes, and the same is sold or provided thereto; and
(2) at least 50 items of whereabouts tracking information, content of communications, credit information or property information are unlawfully obtained, sold or provided.
See the full translation.
Further reading
Cybersecurity
Cyberspace Administration of China, Provisions for the Administration of Internet News Information Services
No organization may establish a Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned internet news information service entity.
Where an internet news information service entity wishes to cooperate with a Sino-foreign equity joint venture, Sino-foreign cooperative joint venture or wholly foreign-owned enterprise in China or abroad in business involving internet news information services shall refer the same to the Cyberspace Administration of China for a security assessment.
Cyberspace Administration of China, Provisions on the Procedures for Administrative Law Enforcement in Respect of the Administration of Internet Information Content
The subject of an investigation or relevant personnel shall truthfully respond to questioning, assist and cooperate in the investigation, provide, in a timely manner, relevant materials, such as information published by the internet information service provider, information published by users, log information, that, in accordance with the law, is subject to preservation, and may not obstruct or interfere in the investigation of the case.
Supreme People's Court and Supreme People's Procuratorate, Interpretation on Several Issues Concerning the Application of the Law in Handling Criminal Cases Involving the Infringement of the Personal Information of Citizens
The Interpretation lists the circumstances that apply to the unlawful obtaining, sale or provision of the personal information of citizens and that shall be deemed as the “circumstances are serious” as specified in Article 253-1 of the Criminal Law, including:
(1) it is known or ought to be known that a third party is using the personal information of citizens to commit crimes, and the same is sold or provided thereto; and
(2) at least 50 items of whereabouts tracking information, content of communications, credit information or property information are unlawfully obtained, sold or provided.
See the full translation.
Further reading
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