Recently, a series of personal information and data security rules and standards have been issued, including the Measures for Cybersecurity Reviews (Draft for Comment), Measures for Administration of Data Security (Draft for Comment) (“Data Security Measures”), Provisions on Online Protection of Personal Information of Children (Draft for Comment) (“CI Provisions”) and Specification for Essential Information for Basic Business Functions of Mobile Internet Applications, there are also several key regulatory documents awaiting promulgation.
The recent acceleration in the issuance of draft rules in the area of data protection may be attributed to multiple factors, in particular the need to strengthen regulations in the context of U.S.-China trade frictions and to exert pressure on trade talks. In this article, we wish to express our views on data protection regulations in China in light of the recent draft rules, which we hope can also serve as our feedback to the draft rules during their public comment periods. As our preliminary analysis and thoughts, this article will discuss the recent drafts from the perspectives of the boundaries of regulatory authorities’ power, regulatory approaches and methods and coordination of regulatory rules. We will further sort out and analyze specific provisions in the future. More...
