China passes law to protect personal data privacy News
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China passes law to protect personal data privacy

China’s National People’s Congress, passed a new law Friday that aims to protect individuals’ privacy on Friday.

Under the Personal Information Protection Law (PIPL), when personal information processors use automated decision-making to advertise to individuals, they must allow individuals to reject the marketing. Alternatively, when showing the information, personal information processors must include options that are not targeted towards the particular individual.

State-run news outlet Xinhua listed several examples of personal information subject to the PIPL, including “biometrics, medical and health, financial accounts and whereabouts.”

According to article 1, the purpose of the PIPL is to protect personal information, regulate personal information processing and promote the reasonable use of personal information.

As per articles 13 and 15, the PIPL will require personal information processors to satisfy several conditions before processing users’ personal information. These conditions include obtaining users’ fully informed consent, the user must be at least 14 years old and the processing must be necessary.

Under article 24, when personal information processors share individuals’ personal information, they must “notify individuals of the recipient’s identity, contact information, processing purposes, processing methods, and categories of personal information, and obtain the individuals’ separate consent.”

Other requirements include that individuals’ personal information be stored for the shortest time necessary, that individuals can withdraw consent at any time, and that the principles of openness and transparency guide personal information processing.

Friday’s legislative move follows in the footsteps of regulations recently released by the country’s Supreme People’s Court. Earlier this month, the court required that private businesses receive individuals’ consent to using facial recognition technology. The regulations also require that individuals have the right to reject the use of such technology.

The PIPL will come into force on November 1.

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