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Law further protects privacy, experts say

By Cao Yin | China Daily | Updated: 2021-01-04 09:20
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A woman looks at her mobilephone in Xi'an, Shaanxi province, April 29, 2018. [Photo/VCG]

"For example, some private rooms in public places, including those in banks, restaurants, parks and bus stations, as well as some online platforms, such as a person's email inbox and his or her WeChat groups, can also be identified as private space," he said.

Ma Yide, a law professor at Zhongnan University of Economics and Law, said the section of the code on personality rights shines a spotlight on fundamental civil law and was drawn up to meet people's increasing demands for their personal rights and dignity to be protected.

While people enjoy the extra convenience brought by new technologies, including big data, artificial intelligence and cloud computing, many are also troubled by leaks of personal information, he said.

The code highlights the protection of personal information and says it includes an individual's name, birth date, identity card number, biological identification data, address, cellphone number, email address and information on his or her health and whereabouts, Ma said, "but it doesn't tell us what can be collected and how to handle it".

"More details, I think, will come soon in following legal documents, as ensuring information security while promoting information development is one major area that needs to be addressed," he added.

In October, China's first draft law on personal information protection was submitted to the NPC Standing Committee for a first review. In general, a draft will become a law after being deliberated upon by legislators three times.

The draft is based on the code, which states that organizations and individuals handling personal information should fully inform its owners and get permission before collecting, storing or using it, and that it must be processed in a safe environment.

"Some personal information can be used in some conditions, such as in public health incidents or emergencies, but it doesn't mean that it can be collected and opened at random," Chen said.

Given that irregularities have been found in the handling of personal information by some people, government departments and internet operators -such as overusing it, abuses in its collection and leaking it - he suggested they clarify what information must be collected and whether there are safe channels for doing so.

Ma agreed, saying some difficulties in handling personal information, such as what can be identified as private information and how to distinguish it from personal information, need further study and legal clarification.

On Wednesday, the Supreme People's Court, China's top court, issued the first batch of seven judicial interpretations on the Civil Code, including its provisions on property, marriage and family, and inheritance.

The court also said it will conduct research on the need for more new content in the section on personality rights, such as privacy and personal information, and promised to draft and issue related interpretations or guidelines as quickly as it can.

"The vitality of a law is implementation. The code is no exception," Chen said.

As a judge specializing in hearing civil cases, he said he prefers to see more residents benefit from this fundamental law, so their private rights can be really protected by it.

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