Cyberspace Administration of China, Provisions for the Online Protection of the Personal Information of Children

国家互联网信息办公室儿童个人信息网络保护规定

February 11, 2020 | BY

Susan Mok

Consent of guardians is required for collection of children's personal data

Promulgated: 2019-08-22 Effective: 2019-10-01
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Issued: August 22, 2019

Effective: October 1, 2019

Applicability: For the purposes of these Provisions, the term "children" means minors less than 14 years old (Article 2).

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 3).

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

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

(1)       the purpose, method and scope 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, the duration thereof 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 consequences of refusing;

(5)      the channel and method for complaints and tip-offs; and

(6)      the means and method for correction or removal of children's personal information (Articles 9 & 10).

Related legislation:  PRC Cybersecurity Law

issued:2019-08-22 effective:2019-10-01

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