Personal Information Protection Law Goes into Effect

China’s Personal Information Protection Law was adopted by the country’s top legislature in August this year and will take force on November 1.

According to this law, “personal information” refers to various information recorded electronically or by other means that is related to an identified or identifiable natural person, and does not include anonymized information. The law addresses a broad spectrum of issues in recent years about the use of personal information. For instance, it stipulates that information pushing and commercial marketing to individuals by means of automated decision making shall be accompanied by options not specific to their personal characteristics simultaneously or provide individuals with convenient means to refuse. The installation of image collection and personal identification equipment in public spaces for the sake of maintaining public security shall comply with relevant national provisions enacted by the state and set up prominent reminders. The collected personal images and identification information of any individual can only be used for the purpose of maintaining public security and shall not be used for other purposes, except individuals give their separate consent. The processing of sensitive personal information, including biometrics, religious beliefs, specific identities, medical health, financial accounts, whereabouts as well as personal information of minors under 14 years of age, shall obtain separate consent from the individual.