Cyberspace Administration of China, Measures for the Administration of Data Security (Draft for Comments)

国家互联网信息办公室数据安全管理办法 (征求意见稿)

June 07, 2019 | BY

Susan Mok

Push advertising should offer online users the option to refuse receipt of information

Promulgated: 2019-05-28
|

Issued: May 28, 2019

Main contents: A network operator may not compel or mislead a personal information subject to consent to its collection of personal information by means such as tacit authorization or bundling of functions on the grounds of improving service quality, enhancing user experience, directional pushing of information, development of a new product, etc.

A network operator may not refuse to provide core business functions and services because a personal information subject refuses to give his/her consent or withdraws his/her consent for the collection of information other than personal information that ensures the operation of the network product's core business functions (Article 11).

Where the personal information of a minor under the age of 14 is to be collected, the consent of his/her guardian shall be secured (Article 12).

Where a network operator utilizes user data and algorithms to push news information, commercial advertisements, etc. (Directional Pushing), it shall clearly label the same with the words “directional pushing” and provide users a function to stop the receipt of directionally pushed information; when a user opts to stop receiving directionally pushed information, the pushing thereof shall be halted and user data and personal information such as the collected device identifier shall be deleted (Article 23).

If a network operator utilizes big data, artificial intelligence or other such technology to automatically generate news, blog articles, posts, comments or other such information, it shall clearly label the same with the word “generated”. It may not automatically generate information for the purpose of seeking gains or harming the interests of others (Article 24).

| issued: 2019-05-28

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]