Cyberspace Administration of China, Provisions for the Online Protection of the Personal Information of Children (Draft for Comments)

Issued: May 31, 2019

Applicability: These Provisions shall govern the engagement in activities such as the collection, storage, use, transfer and disclosure of the personal information of children through a network in the People's Republic of China (Article 2).

Main contents: A network operator shall formulate rules specifically for the protection of children's personal information and user agreement, and establish a position specifically for the protection of personal information or designate someone specifically responsible for protecting children's personal information (Article 5).

Article 7:      If a network operator collects and uses the personal information of children, it shall inform the children's guardians in a conspicuous and clear manner, secure their express consent therefor, while also providing an option to refuse the same, and expressly inform them of the following matters:

(1)       the purpose, scope, method and duration of the collection, storage, use, transfer or disclosure of the children's personal information;

(2)       the place where the children's personal information is stored and how the same is to be dealt with once the period expires;

(3)       the measures for ensuring the security of the children's personal information;

(4)       the personal information protection officer's or other contact information; and

(5)       the consequences and effect of refusing.

Related legislation: PRC Cybersecurity Law and Interpretation on Several Issues Concerning the Application of the Law in the Handling of Criminal Cases Involving the Infringement of the Personal Information of Citizens