China's first Personal Information Protection Law was enacted on 21 Aug. 2021, and will take effect on 1 Nov. 2021.
Article 70 of the Personal Information Protection Law (“the Law”) stipulates that “where a personal information processer violates this Law while handling personal information and infringes upon the rights and interests of numerous individuals, the procuratorate, the consumer protection organizations prescribed by law and the organizations designated by the State Cyberspace Administration may file a lawsuit with the court in accordance with the law.”
To implement this provision, the Supreme People's Procuratorate (SPP) on August 21 issued the ‘Notice on Implementing the Personal Information Protection Law and Promoting Procuratorial Work of Public Interest Litigation on Personal Information Protection’ (“the Notice”, 關于貫徹執行個人信息保護法推進個人信息保護公益訴訟檢察工作的通知).
The Notice requires procuratorates at all levels to pay attention to sensitive personal information, personal information of special groups and personal information in key areas when performing their duties in public interest litigation. Procuratorates at all levels shall strictly protect sensitive personal information such as biometric identification, religious belief, special identity, medical and health care, financial account number and whereabouts; provide special protection of the personal information for special groups such as children, women, persons with disabilities, the elderly and soldiers; and give enhanced protection of personal information in education, medication, employment, pension, consumption and other key areas.
Cover Photo by Nick Fewings (https://unsplash.com/@jannerboy62) on Unsplash
Contributors: CJO Staff Contributors Team
