Chinese Banking and Insurance Supervisory Commission Notice concerning Further Standardizing Commercial Banks’Internet Lending Operations
YBJBF No. (2021)24
All banking supervisory bureaus, all large-scale banks, shareholding-type banks and foreign invested banks:
In order to promote commercial banks to effectively implement the “Provisional Rules for the Management of Commercial Banks’ Online Lending” (hereafter referred to as “Rules”), further standardize Internet lending operations and activities, stimulate the healthy development of the business, with the agreement of the CBIRC, the following notification is made on related matters:
I, Implementing risk control requirements. Commmercial banks shall strengthen their dominant responsibility in risk control, independently conduct Internet lending risk management, and autonomously complete lending risk assessment and risk control steps with an important influence for risk control, they are strictly prohibited from outsourcing crucial steps in management before, during and after loans.
II, Strengthening capital issue proportion management. Where commercial banks jointly issue capital for Internet loans with cooperating bodies, they shall strictly implement interregional capital issue proportion management requirements, the capital issue proportion from the cooperating party for a “single pen loan” [a loan not repayable in installments] may not be lower than 30%.
III, Strengthening management of concentration of cooperating party. Where commercial banks jointly issue capital for Internet loans with cooperating bodies, the balance of that bank’s lending issued with any one cooperating party may not exceed 25% of the net amount of that bank’s first-tier capital.
IV, Implementing aggregate control and quota management. The balance of Internet loans where commercial banks jointly issue capital with cooperating bodies may not exceed 50% of that bank’s total lending balance.
V, Strictly controlling cross-regional operations. Where banks with local legal personality conduct Internet lending activities, they shall serve local customers, they may not conduct Internet lending operations outside of the jurisdiction where they are registered. Those who do not have physical operational branches, who mainly conduct operations online, and furthermore conform to other CBIRC regulations and conditions are exempt.
VI, Article 2 and Article 5 of this Notification take effect from 1 January 2022, operational inventories will be settled naturally, the transition period for other provisions is consistent with the “Rules”. The CBIRC and its assigned bodies will, according to the principles of “one bank one policy, steady transition”, supervise commercial banks in formulating rectification plans for Internet lending operations that do not meet the requirements of this Notice, and in completing rectification within the notification period. Commercial banks meeting conditions are encouraged to meet targets early.
VII, The CBIRD and its assigned bodies may put forward stricter precautionary supervision and management requirements concerning capital issue proportions, concentration of cooperating bodies, Internet lending amounts and quotas on the basis of the operational management, risk levels and operational conduct status of commercial banks under their jurisdiction, and on the basis of the provisions of this Notice.
VIII, Foreign bank branches, trust companies, consumer finance companies or car finance companies conducting Internet lending operations will refer to and implement the requirements of this Notice and the “Rules”, where the CBIRC provides otherwise, those provisions are followed.
CBIRC General Office
19 February 2021
Guiding Opinions concerning Further Perfecting Structures to Restrain Trust-Breaking and Building Long-Term Mechanisms for Sincerity Construction
GBF No. (2020)49
All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate bodies:
In order to deeply implement the requirements of the Party Centre and the State Council concerning enhancing sincerity construction, earnestly implementing the “Regulations on Optimizing the Commercial Environment” and other such relevant regulations, further clarify the scope of credit information, impose punishment for trust-breaking according to laws and regulations, perfect credit recovery mechanisms for untrustworthy subjects, and raise the rule of law and standardization levels of social credit system construction, with the approval of the State Council, the following Opinions are hereby put forward.
I, General requirements
With Xi Jinping Thought on Socialism with Chinese characteristics for a new era as guidance, comprehensively implement the spirit of the 19th Party Congress and the 2nd, 3rd, 4th and 5th Plenums of the 19th Party Congress, firmly take seeking progress in stability as a general foundation for work, firmly follow rule of law tracks, strive to build long-term mechanisms for sincerity construction, further standardize and complete mechanisms for the establishment, recording, collecting, sharing, publication, punishment and credit recovery of untrustworthy acts according to the general thinking lines of acting according to laws and regulations, protecting rights and interests, exercising caution and moderation, and checklist-based management, push the social credit system to enter a new phase of high quality development, let the social credit system play an even more positive role in supporting “release, management, service” reform and the transformation of government functions, creating a fair and sincere market environment and social environment.
In the process of advancing and practically exploring social credit system construction work, we must grasp the following important principles: first, strictly act according to laws and regulations, the recording to untrustworthy acts, determining name lists of gravely untrustworthy subjects and punishment for untrustworthiness, and other such matters affecting the direct rights and interests of related individuals, enterprises and all other kinds of subjects, must be handled strictly along rule of law tracks. Second, define scopes accurately, accurately determine the assessment scope for credit information and name lists of gravely untrustworthy subjects, reasonably handle punishment measures for untrustworthiness, firmly prevent improper application and even abuse. Third, ensure punishment is matched to the error, implement different kinds and different degrees of punitive measures strictly according to the law, respectively according to the area in which the untrustworthy act took place, the gravity of the circumstances, the extent of its impact, etc, and ensure the lawful rights and interests of credit subjects are protected. Fourth, lean from international experiences, both act on the basis of our country’s national circumstances, and fully consider international precedents, advance social credit construction cautiously in areas of high social attention, where understandings are not yet in agreement, and push related measures to link tracks internationally.
II, Scientifically determine the scope and processes for public credit information entry
(1) Clearly determine the scope for public credit information. The entry of information on particular acts held by public bodies and organizations authorized by laws and regulations to have public affairs management functions, etc. (hereafter jointly named administrative bodies) into public credit information must be strictly based on laws, regulations or Party Centre and State Council policy documents, and a catalogue system implemented to manage it. The leading work unit of the Interministerial Joint Conference for Social Credit System Construction (hereafter simply named Interministerial Joint Conference) compiles and regularly renews a basic nationwide public credit information catalogue according to laws and regulations, and together with relevant departments, the Interministerial Joint Conference’s member work units and other relevant departments may, according to laws and regulations, put forward suggestions for information to be entered into the catalogue, the Interministerial Joint Conference’s leading work unit combs through them and collects a catalogue, solicits opinions from all localities, all relevant departments and related market subjects, sectoral associations and chambers of commerce, legal service bodies, exports, scholars and the social public, and after submission to the Interministerial Joint Conference for deliberation, [the catalogue] is published to society and its implementation organized. All localities may, on the basis of local regulations, and with reference to the formulation procedure for the basic nationwide public credit information catalogue, formulate supplementary public credit information catalogues suited to that locality.
(2) Strictly standardize bases for determining untrustworthy acts. Administrative bodies determining untrustworthy acts must have a document with legal validity as basis. The bases on which an untrustworthy act may be determined include: valid judicial judgment documents or mediation letters, documents on decisions of administrative acts such as administrative punishments, administrative arbitration, etc, as well as other documents where laws, administrative regulations or other Party Centre and State Council policy documents provide they may act as a basis for a basis determining an untrustworthy act. After administrative bodies determine an untrustworthy act, they shall truthfully record the untrustworthy act.
III, Standardize the scope and process for public credit information sharing and openness
(3) Standardize the scope and process for public credit information sharing. Whether public credit information may be shared or in which scope it may be shared, shall be determined on the basis of the principles of legality and necessity, and determined at the time where public credit information catalogues are compiled. Perfect credit sharing mechanisms, promote the interaction and interconnection, and data sharing between the Nationwide Credit Information Sharing Platform, the National Enterprise Credit Information Publication System as well as relevant departments’ credit information systems, collecting departments must be clarified for data that may be shared, ensuring that “what is collected in one window, is fully shared”.
(4) Determine the scope for publication of public credit information according to laws and regulations. Whether public credit information may be published, shall be determined on the basis of the principles of legality and necessity, and determined at the time where public credit information catalogues are compiled. Public credit information publication may not infringe commercial secrets and personal privacy, where laws and regulations provide otherwise, those provisions are followed. Where information related to an individual is published, the basis in law, regulation, State Council decision or degree must be clarified or the individual in question must consent, and the necessary desensitization must be performed.
(5) Strengthen comprehensive management of public credit information publication channels. Departments determining public credit information shall, according to government information openness and other relevant regulations, publish the related information on that department’s portal website, all levels’ governments’ portal websites or other appointed websites. The “Credit China” website, and the National Enterprise Credit Information Publication System must, according to relevant regulations, conduct uniform publication of public credit information that is collected and shall be published, consistency is to be maintained on the content and time period of publication with the department determining public credit information.
IV, Standardize determination standards and procedures for name lists of gravely untrustworthy subjects
(6) Strictly limit the areas and scopes for the institutions of name lists of gravely untrustworthy subjects. Areas where a name list of gravely untrustworthy subjects ins instituted, must have a basis in laws, regulations or Party Centre or State Council policy documents, no department (work unit) may increase or expand them without authorization. The scope of the institution of name lists of gravely untrustworthy subjects is to be limited strictly to subjects responsible for grave harm to the physical health and life safety of the popular masses, gravely harm fair market competition order and regular social order, refuse to carry out statutory duties with grave influence on the credibility of judicial bodies and administrative bodies, refuse to implement national defence duties and other such grave unlawful and untrustworthy acts, according to the provisions of the “State Council Guiding Opinions concerning Establishing and Perfecting Joint Incentive Structures for Trust-Keeping and Joint Punishment Structures for Untrustworthiness, and Accelerating the Construction of Social Sincerity” (GF No. (2016)33).
(7) Strictly standardize determination standards for name lists of gravely untrustworthy subjects. For name list systems of gravely untrustworthy subjects implemented at the national level, the name list determination standards shall be determined in the form of laws, administrative regulations or Party Centre or State Council policy documents, those temporarily not meeting conditions may be determined by the competent (supervision) department of the area in question through departmental rules, for determination standards, the opinions of the Interministerial Joint Conference leading work unit and other relevant departments, related market subjects, sectoral associations and chambers of commerce, legal service bodies, experts, scholars and the social public shall be fully solicited, the period of public opinion solicitation shall not be less than 30 days. Determination standards shall be published through the “Credit China” website and websites appointed by the competent (supervision) department. Determination standards shall, at the same time, clarify conditions and procedures to leave the name lists as well as relief measures. Departments formulating determination standards shall regularly organize third-party assessment of the outcome of standards implementation and timely revise them. For name list structures for gravely untrustworthy subjects only implemented on a local scale, name list determination standards shall be provided in departmental regulations.
(8) Strictly implement determination procedures for name lists of gravely untrustworthy subjects. Administrative bodies shall, before making determination decisions about name lists of gravely untrustworthy subjects, notify the party concerned about the grounds and basis for the decision, and the rights the party concerned has according to the law; where the party concern raises an objection, this shall be verified and feedback made on the outcome within stipulated time limits. To list a market subject on a name list for gravely untrustworthy subjects, the determining department shall rely on corresponding administrative decision documents, bearing the grounds, basis, untrustworthiness punishment measure notes, withdrawal conditions and procedures as swell as relief measures, when necessary, it is also permitted for the determining department to produce a stand-alone determination decision document about name lists for gravely untrustworthy subjects. In principle, name lists for gravely untrustworthy subjects shall be determined by relevant departments of county-level and higher (including county-level) People’s Governments according to related standards, where laws, regulations and departmental rules provide otherwise, those provisions are followed.
V, Imposing punishment for untrustworthiness according to laws and regulations
(9) Determining punishment measures for untrustworthiness according to laws and regulations. Punitive measures reducing rights or adding to duties of untrustworthy subjects must be based on the facts of the concrete untrustworthy act, directly cite laws, regulations , or Party Centre or State Council policy documents as a basis, ad implement name list structure management. The work unit leading the Interministerial Joint Conference will, together with relevant departments, compile and regularly renew a nationwide basic list of punishment measures against untrustworthiness according to laws and regulations, member work units of the Interministerial Joint Conference and other relevant departments may, on the basis of laws and regulations, put forward suggestions on punitive measures for untrustworthiness to be included in the list, the work unit leading the Interministerial Joint Conference combs through them and collects a general list, solicits opinions from all localities, all relevant departments and related market subjects, sectoral associations and chambers of commerce, legal service bodies, experts, scholars and the social public, and after submission to the Interministerial Joint Conference, publishes [the list] to society and organizes implementation. All localities may, on the basis of local regulations, and with reference to the procedure for the formulation of the basic nationwide list for punitive measures against untrustworthiness, formulate supplementary lists of punitive measures against untrustworthiness suited to these localities. No department (work unit) may coercively require financial bodies, credit service bodies, sectoral associations, chambers of commerce, etc. to punish untrustworthy subjects.
(10) Ensure wrongdoings and punishments are proportional. According to the principles of legality, correlation and balance, according to the list of punishment measures against untrustworthiness, on the basis of the nature of the untrustworthy act and the extent of its gravity, adopt punitive measures of suitable weight, and prevent that small wrongdoings are punished heavily. No department (work unit) may, for the reason of existing regulations not sufficiently strongly punishing untrustworthy acts, expand punitive measures outside the provisions of laws, regulations, or Party Centre or State Council policy documents, or increase punishment on top of statutory punishment standards.
VI, Completing and perfecting credit recovery mechanisms
(11) Establishing and completing a set of credit recovery mechanisms. Related sectoral competent (supervision) departments shall establish credit recovery mechanisms beneficial to self-correction and active self-renewal. Except where laws, administrations, or Party Centre or State Council policy documents clearly provide untrustworthiness information cannot be recovered, where untrustworthy subjects correct the untrustworthy act according to requirements or eliminate the harmful influence, they may in all cases apply for credit recovery. Related departments (work units) shall formulate concrete regulations for credit recovery, clarifying recovery methods and procedures. Where they conform to recovery conditions, they will be timely removed from the name list of untrustworthy subjects according to relevant regulations, the sharing and publication of related untrustworthiness information ceases, or the related untrustworthiness information will be indicated, shielded off or deleted.
(12) Raising credit recovery rates. Strengthen credit recovery information sharing, accelerate the construction and perfection of coordinated and joint “running everything on one network” mechanisms, realistically resolve the problem that “credit recovery is difficult”. Related sectoral competent (supervision) departments as well as the Nationwide Credit Information Sharing Platform and the “Credit China” website shall appoint specialized personnel responsible for credit recovery work, and process credit recovery requests meeting conditions within statutory time limits, they may in no way collect fees from subjects applying for credit recovery.
VII, Strengthening information security and privacy protection
(13) Strengthening credit information security management. All levels’ public credit information systems must, according to the requirement of protecting market subjects’ rights and interests, clarify information inquiry and use privileges and procedures, establish and perfect information inquiry and use registration and inspection structures, and prevent information leaks, where information leaks intentionally or due to work errors, the responsibility of related work units and personnel must be prosecuted strictly, according to laws and regulations. Strictly investigate and prosecute acts of credit information leaks, distortion, damage and theft, or use of credit information to seek improper gain, strictly attack unlawful activities such as the illegal collection, sale or purchase of credit information under the guise of social credit system construction.
(14) Strengthening personal privacy protection. All localities and all relevant departments shall abide by the principles of legality, justification, necessity and minimization, collect and use personal credit information strictly according to the public credit information catalogue, clearly indicate the goal, method and scope of information collection and use and obtain consent from the person in question, where laws or regulations provide otherwise, those provisions are followed. It is prohibited for any work unit or individual to collect and use a person’s credit information without authorization, having coerced authorization or to do so life-long with a one-time authorization. Strengthen investigation and prosecution of the illegal collection, transmission, use, leakage, distortion, damaging, theft or sale of personal credit information and other such act. Related departments must implement focused supervision and management of financial bodies, credit investigation bodies, Internet enterprises, big data enterprises and mobile application software work units, and strictly standardize their personal information collection, storage, use, processing, transmission, provision and publication activities.
VIII, Striving to strengthen credit rule of law construction
(15) Accelerating the progress of credit law and regulation construction. Persist in following rule of law tracks, accelerate the research and advance of legislative processes for laws and regulations in the social credit area, smoothen the relationship between punishment for untrustworthiness and administrative management measures, lay a firm rule of law basis. Where the punitive strength of existing laws and regulations is insufficient, and it is necessary to strengthen punishment, all localities and all relevant departments shall put forward legislative revision suggestions in a timely manner, and ensure punishment for untrustworthiness is conducted strictly according to laws and regulations.
(16) Advancing social credit system construction strictly according to laws and regulations. Strictly standardize credit information, collection and publication scopes according to laws and regulations, strictly standardize determination of name lists of gravely untrustworthy subjects, punishment for untrustworthiness and credit recovery work, ensure that all areas of social credit system construction work operate along rule of law tracks. Minors’ untrustworthy acts, untrustworthy acts resulting from natural disasters, epidemics and other inevitable influences as well as acts with non-subjective intent or minor untrustworthy acts, shall be determined, recorded and punished in a tolerant and cautious manner. Firmly investigate, prosecute and attack all kinds of infringing acts, protect credit information security, commercial secrets and personal privacy according to laws and regulations, and protect the lawful rights and interests of all kinds of credit subjects according to laws and regulations.
IX, Strengthening organizational implementation safeguards.
Implementing dominant responsibilities. All sectoral competent (supervision) departments must realistically fulfil their dominant responsibility in supervising and managing credit in their sector, and perform untrustworthy conduct determination, recording, collection, sharing, publication, punishment and credit recovery work according to laws and regulations, the Interministerial Joint Conference’s leading work units must coordinate with judicial bodies as well as other responsible work units who have already obtained clear authorization in performing related work well. All local levels’ social credit system construction leading work units must realistically implement their comprehensive coordination responsibilities, and strengthen standardization and guidance of social credit system construction work in their areas.
Strengthening responsibility and accountability. With regard to recording, sharing and publication of credit information outside of public credit information catalogues and in violation of laws and regulations, implementing punitive measures outside of the punishment list for untrustworthiness in violation of laws and regulations, as well as acts such as unauthorized determination about name lists of gravely untrustworthy subjects not according to standards and procedures, not processing credit recovery timely or according to regulations, the liability of related work units and personnel must be prosecuted according to laws and regulations
Strengthening propaganda and explanation. All kinds of media are encouraged to vigorously conduct sincerity propaganda and education, deeply report on advanced models of sincerity and promise-keeping, launch constructive public opinion supervision of untrustworthy conduct and incidents, advocate sincerity and promise-keeping. Let relevant departments, sectoral associations and chambers of commerce, experts and scholars, news media, etc. play their role fully, timely explain and interpret credit policies, vigorously respond to concerns from all sides, strengthen positive guidance, and create a benign public opinion environment.
Grasping the moment. All localities and all relevant departments must, according to the requirements of these Opinions, conduct a comb-through and assessment of measures on untrustworthy conduct determination, recording, collection, sharing, publication, punishment and credit recovery measures already published, and those not meeting the requirements of these Opinions must be timely standardized. Set up a transitional period for name list structures of gravely untrustworthy subjects having a clear basis for their continued retention, complete renewal determination standards and procedures of name lists that these Opinions require to be adjusted before the end of 2021, after the transition period, those not conform to the requirements of these Opinions will be abolished without exception.
State Council General Office
7 December 2020
Internet Public User Account Information Service Management Regulations (Revision Draft – Opinion-seeking Version)
Chapter I: General provisions
Article 1: These Regulations are formulated in order to standardize Internet public account information services, safeguard national security and the public interest, and protect the lawful interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Internet Information Service Management Rules”, the “Online Information Content Ecology Governance Regulations” and other such laws, regulations and relevant State provisions.
Article 2: These Regulations apply to the provision and conduct of Internet public account information services within the territory of the People’s Republic of China.
Internet public accounts as mentioned in these Regulations, refers to online accounts of Internet users registered and operated on Internet sites, application software and other such online platforms, to produce and disseminate written, pictorial, audiovisual and other such information content to the social public.
public account platform as mentioned in these Regulations, refers to online information service providers providing public account registration and operation, information content dissemination and technical protection services to Internet users.
Public account producers and operators as mentioned in these Regulations, refers to natural persons, legal persons and non-legal person organizations registering and operating public accounts and engaging in content dissemination.
Article 3: The national cybersecurity and informatization department is responsible for Internet public account information service supervision, management and law enforcement work nationwide. Local cybersecurity and informatization departments are, according to their duties and responsibilities, responsible for Internet public account information service supervision, management and law enforcement work within their administrative areas.
Article 4: Public service information service platforms and public account producers and operators shall abide by laws and regulations, fulfil social responsibilities and moral responsibilities, uphold the correct public opinion orientation and value orientation, carry forward the Socialist core value view, produce and disseminate healthy and upward, true and objective excellent information content, create a crisp and bright cyberspace, and stimulate progress of society and civilization.
All levels’ Party and government bodies, enterprise and undertaking work units, and people’s organizations are encouraged to register and operate public accounts, produce and disseminate high-quality government affairs information or public service information, satisfying public information demand, and promoting economic and social development.
Public service information service platforms are encouraged to vigorously enhance government affairs information publication, public service and social government levels for Party and government bodies, enterprise and undertaking work units, and people’s organizations, provide full and necessary technical support and security protection.
Article 5: Public account information service platforms providing Internet public account information services, shall obtain corresponding qualifications as provided in national laws and regulations.
Public service information service platforms and public account producers and operators shall obtain an Internet news information service licence to provide Internet news information services to the social public.
Chapter II: Public service information service platforms
Article 6: Public service information service platforms shall bear dominant responsibility for information content and public account management, allocate management personnel and technical capabilities suited to the business scale, appoint persons to position responsible for content security, establish, complete and strictly implement management structures for account registration, content examination and verification, information inspection, ecological governance, emergency response, cybersecurity, data security, personal information protection, copyright protection, credit evaluation, etc., and uphold the security of the platform’s information content and public accounts, and the security of data and personal information.
Public service information service platforms shall, on the basis of relevant laws and regulations and relevant State provisions, formulate and publish management norms and platform conventions for information content production, public account operations, etc., and conclude service agreements with public account producers and operators, clarifying both sides’ content dissemination limitations, account management responsibilities and other such rights and obligations.
Article 7: Public service information service platforms shall, according to relevant national standards and norms, establish categorized public account registration and categorized production structures, implement categorized management, and file the matter with the provincial, autonomous region or municipal cybersecurity and informatization department of the locality of the public account.
Public service information service platforms shall, on the basis of indicators and dimensions such as an account’s information content quality, the credit evaluation of the account’s subject, etc., establish tiered management structures, and implement tiered account management.
Public service information service platforms formulating content production and account operations management norms, platform conventions and other such important structures and measures shall file them with the local provincial, autonomous region or municipal cybersecurity and informatization department; when bringing related new technologies, new applications or new functions online, they shall conduct a security assessment according to relevant regulations.
Article 8: Public service information service platforms shall adopt measures such as composite verification, etc., to conduct real identity information authentication of Internet users applying to register for a public account, based on mobile telephone number, resident identity card number or unified social credit code and other such methods, and raise the accuracy of authentication. Where users do not provide real identity information, or improperly use real identity information of organizations, bodies or other persons to conduct a false registration, no related service may be provided to them.
Public service information service platforms shall conduct inspection of the legal and regulatory compliance of public account names, portraits, bios, etc. of public accounts registered by Internet users, where they discover an account name, portrait or bio does not conform to the subject’s real identity information, and especially where they use or link to Party or government bodies, enterprise and undertaking work units and other such organizations and bodies or well-known social personalities without authorization, as well as where the corresponding registration information contains unlawful or harmful information, they shall suspend the provision of services and notify the user to correct matters within a limited time, where these refuse to correct the matter, the provision of services shall be terminated.
Public service information service platforms shall prohibit public accounts closed according to the law or to the convention to re-register under a similar name; where an account name with a high degree of connectedness to them is registered, the real identity information, service qualifications, etc. of the account subject shall also be subject to necessary checks.
Article 9: Public service information service platforms shall require public accounts applying to register and engage in the production of information content in areas such as economics, education, health, judicial affairs, etc., require users to provide their specialized background at the time of registration, as well as corresponding materials to prove professional qualifications or service qualifications they have acquired according to laws and administrative regulations, and conduct the necessary checks.
Public service information service platforms shall add a special symbol to public accounts after they are checked and passed, and according to the different subject nature of the user, externally announce content production categories, the name of operating subjects, the registered business address, uniform social credit code, contact method and other such registration information, to facilitate social supervision and inspection.
Public service information service platforms shall establish dynamic checking and inspection structures, and at suitable times check the veracity and validity of registration information of producers and operators.
Article 10: Public service information service platforms shall set reasonable upper limits to the number of registered public accounts of the same subject on their platform. Where users apply to register for multiple public accounts, their subject nature, service qualifications, business scope, credit evaluation etc. shall also be checked.
Public service information service platforms may, on the basis of the service agreement suspend or terminate provision of services to public accounts who have not logged on or have been used for over six months after the Internet user registered.
Public service information service platforms shall complete technical measures to prevent and deal with unlawful registration acts by Internet users such as registration in excess of quota, malicious registration, false registration, etc.
Article 11: Public service information service platforms shall, according to the law and the convention, prohibit public account producers and operators to transfer, lend or illegally trade, sell or buy public accounts in violation of regulations.
Where public account producers and operators transfer or donate public account use rights to other users, they shall put forward an application with the platform. The platform shall, on the basis of the provisions in the previous Paragraph, authenticate and check the user on the receiving side, and publish the subject change information. Where the platform discovers a producer or operator has transferred a public account without inspection or authorization, it shall timely suspend or terminate the provision of services.
Public account producers and operators voluntarily terminating account operations may apply with the platform for suspension or termination of use. The platform shall suspend or terminate the provision of services according to the service agreement.
Article 12: Public service information service platforms shall establish public account supervision and assessment mechanisms, and prevent acts of falsification of account subscriptions, user following numbers, content click rates, repost or comment quantities and other such data.
Public service information service platforms shall standardize public account recommendation, subscription and following mechanisms, and complete technological measures to timely discover and deal with unusual changing circumstances in account subscription and following numbers. Without the knowledge and agreement of the Internet user, subscription and following of other users’ public accounts may not be forced.
Article 13: Public service information service platforms shall establish tiered credit management systems, and provide corresponding services on the basis of credit tiers.
Public service information service platforms shall establish and complete mechanisms to warn for, discover, trace, refute, delete and in other ways deal with online rumours and other such false information, and reduce the credit tier or blacklist public account producers and operators who produced and disseminated rumours and other such false information.
Article 14: Public service information service platforms shall, when conducting content supply and account recommendation cooperation with producers and users, standardize commercial activities such as management of advertising and operations, knowledge payment, e-commerce sales, user gratuities, etc., they may not disseminate false advertising, conduct exaggerated propaganda, commit commercial fraud, etc., preventing operations violating laws and regulations.
Public service information service platforms shall strengthen copyright protection of originally produced information content, preventing acts of piracy and infringement. Platforms may not abuse their advantaged position to interfere in the lawful and compliant operations of producers and operators, or infringe users’ lawful rights and interests.
Chapter III: Public account information producers and operators.
Article 15: Public account information producers and operators shall, on the basis of categorized platform management norms, at the time of registering the public account, accurately fill out user’s subject nature, registered location, business location, content production category, contact method and other such basic information, enterprises, organizations, bodies and other such Internet users shall also indicate their main activity or business scope.
Public account producers shall aide by platform management norms, platform conventions and service agreements, and engage in information content production and dissemination in the relevant sectoral area on the basis of the registered content production category indicated at the time of public account registration.
Article 16: Public account producers and operators shall bear dominant responsibility for information content production and public account operations and management, and engage in information content production and account operations and activities according to laws and regulations.
Public account producers and operators shall establish and complete information content security examination and verification mechanism for the entire process of topic planning, editing and production, dissemination and popularization, interactive comments, etc., strengthen gatekeeping over information content’s orientation, veracity and legality, and maintain a benign order in online communication.
Public account information producers and operators shall establish and complete security management mechanisms for the entire process of public account registration and use, operations and popularization, etc., manage and operate the account in a civilized, rational and standardized manner, attract the public’s attention, subscription, interaction and sharing with high-quality information content, and maintain a benign social image of the account.
Article 17: Public account producers and operators shall, when reposting information content originally created by other persons, abide by copyright protection-related laws and regulations, indicate the original creator and a traceable information source, and respect and protect the lawful rights and interests of copyright holders.
Public account producers and operators shall manage messages, posts, comments and other such interactive segments on their account. Platforms may, on the basis of the subject nature and credit tier of the public account, rationally set up management limits, and provide corresponding technological support.
Where public account producers and operators conduct account operations, content provision and other such cooperation with third-party bodies , both sides shall conduct checks and gatekeeping of the account’s operations and activities, supplied information content, etc.
Article 18: Public account producers and operators may not commit the following acts in violation of laws and regulations:
(1) Not registering with real identity information, or registering with a public account name, portrait, bio, etc. that is not conform with one’s own real identity information;
(2) Maliciously posing as, imitating or misappropriating the public account of an organization, body or other person to produce and disseminate information content;
(3) Providing Internet news information gathering, dissemination and other such services without a licence or in excess of a licence’s scope;
(4) Manipulatively using accounts on multiple platforms, to publish batches of homogenous information content, generating false flow data, and creating false public opinion hot spots;
(5) Using sudden public incidents to incite extreme emotions and acts, or commit online violence harming the reputation of other persons and organizations, influencing social harmony and stability;
(6) Fabricating false information, counterfeiting originally-created content, quoting or concocting untrue information sources, distorting facts and truths, misleading the social public;
(7) Using paid dissemination and deletion of information and other such methods to commit illegal online surveillance, marketing frauds, extortion and blackmail, in pursuit of improper gain;
(8) Registering in batches, hoarding or illegally trading, buying and selling public accounts;
(9) Producing, reproducing or disseminating unlawful information, or not adopting measures to prevent and resist the production, reproduction or dissemination of harmful information;
(10) Other acts prohibited in laws and administrative regulations.
Chapter IV: Supervision and management
Article 19: Public service information service platforms shall strengthen supervision and management of public service information service activities, and timely discover and deal with information or activities violating laws and regulations.
Public service information service platforms shall, on the basis of service agreements and platform conventions, adopt measures to deal with public accounts violating these regulations and relegated laws and regulations including warnings and alerts, limiting account functions, suspending content renewal, ceasing advertising dissemination, closing or cancelling accounts, blacklisting, termination of re-registration, etc., preserve relevant records, and timely report the matter to cybersecurity and informatization and other such relevant competent department.
Article 20: Public service information service platforms and producers and operators shall consciously accept social supervision.
Public service information service platforms shall set up eye-catching and convenient reporting interfaces, publish appeals, complaints and reporting methods and other such information, complete reporting information acceptance, screening, handling and feed-back mechanisms, clarify handling workflows and feed-back time limits, and timely and effectively deal with complaints by producers and operators, and complaints and reports from the public.
Internet sectoral organizations are encouraged to conduct public appraisal, promote strict self-discipline of public service information service platforms and producers and operators, establish authoritative mediation mechanisms with participation from multiple sides, fairly and relationally resolve sectoral disputes, and safeguard users’ lawful rights and interests according to the law.
Article 21: All levels’ cybersecurity and informatization departments will establish and complete coordinated supervision and management work mechanisms together with relevant competent departments, to supervise and guide public service information service platforms and producers and operators to conduct related information service activities according to laws and regulations.
Public service information service platforms and producers and operators shall cooperate with relevant competent departments’ lawful conduct of supervision and inspection, and provide the necessary technical support and assistance.
Where public service information service platforms and producers and operators violate these Regulations, cybersecurity and informatization departments and relevant competent departments will impose punishment according to relevant laws and regulations within their scope of duties and responsibilities.
Article 22: These Regulations take effect on (day, month) 2020.
第二十二条 本规定自2020年 月 日起施行。
Following the connection and convergence of information technology and human production and lives, global data have gained the characteristics of explosive growth and massive collection, the big data industry is in a period of brisk development, technological progress and application innovation have accelerated their advance in lockstep, data resources have become national fundamental strategic resources and innovation factors for social production. At present, our country’s telecommunications and Internet sectors are developing rapidly, collecting large amounts of online data, and at the same time as liberating the development potential of the data economy and stimulating the accelerated growth of the data economy, we face severe security risks. This requires that we deeply understand the importance and urgency of online data security, persist in equally stressing security and development, vigorously responding to complex and severe security risks and challenges, and accelerate the construction of a security protection system for online data.
“In safe development, standards go first”, standardization work is an important basis in guaranteeing online data security. In order to implement the requirements of laws and regulations such as the “Cybersecurity Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection”, the “Telecommunications and Internet User Personal Information Protection Regulations”, etc., guide online data security standardization work in the telecommunications and Internet sectors, the Ministry of Industry and Information Technology has organized the drafting of the “Guidelines for the Construction of the Online Data Security Standards System” (hereafter simply named “Construction Guidelines”. The “Construction Guidelines” give full rein to the top-level design and fundamental guidance roles of standards, and provides a powerful support for guaranteeing online data security in the telecommunications and Internet sectors, stimulating the rational and orderly flow of online data, and assist the high-quality development of the digital economy. Read the rest of this entry »
MIIT Communications No. (2020)49
All provincial, autonomous regions, municipal, plan-listed city and Xinjiang Production-Construction Corps controlling departments for industry and information technology, and wireless communications management bodies, all provincial, autonomous region and municipal telecommunications management bureaus, China Telecom Group Co. Ltd., China Mobile Telecommunications Group Co. Ltd., China Unicom Telecommunications Group Co. Ltd., China Tower Co. Ltd., China Broadcast Network Co. Ltd.:
In order to deeply implement the spirit of General Secretary Xi Jinping’s important speech concerning promoting the accelerated development of 5G networks, forcefully advance 5G network construction, usage, popularization, technology development and security protection, give full rein to the effects of scale and driving role of new 5G infrastructure, and support high-quality economic development, hereby, related matters are notified as follows:
Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps
Notice concerning Issuance of the “Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps”
All provincial, autonomous region, municipal and the Xinjiang Production-Construction Corps cybersecurity and informatization offices, telecommunications management bureaus, public security offices (bureaus), market supervision and management bureaus (offices, committees):
On the basis of the “Announcement concerning a Special Campaign on Collection and Use of Personal Information in Violation of Rules and Regulations in Apps”, in order to provide reference for the determination of acts of collecting and using personal information in violations of rules and regulations in apps, implement laws and regulations such as the “Cybersecurity Law”, etc., the Cyberspace Administration of China, Ministry of Industry and Information Technology, Ministry of Public Security, and State Administration of Market Regulation have jointly formulated the “Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps”. These are hereby issued to you, please refer to and implement them in integration with supervision, management and law enforcement work realities.
Cyberspace Administration of China Secretariat
Ministry of Industry and Information Technology General Office
Ministry of Public Security General Office
State Administration for Market Regulation General Office
28 November 2019
Determination Rules on Acts of Collecting and Using Personal Information in Violation of Rules and Regulations in Apps
On the basis of the “Announcement concerning a Special Campaign on Collection and Use of Personal Information in Violation of Rules and Regulations in Apps”, in order to provide reference for the determination of acts of collecting and using personal information in violations of rules and regulations in apps, provide guidance for app operators’ self-inspection and self-rectification as well as netizens’ social supervision, and implement laws and regulations such as the “Cybersecurity Law”, these Rules are formulated.
I, The following acts may be determined as “not publishing collection and use norms”
2. When using the app for the first time, users are not prompted to read privacy policies and other such norms on collection and use through a pop-up window and other such clear methods
II, The following acts may be determined as “not indicating the objective, method and scope of collecting and using personal information”
1. Not listing the objective, method and scope of personal information collection and use in the app (including entrusted third parties or embedded third-party code and plug-ins) one by one;
3. When requesting to activate authorization of collectable personal information, or requesting to collect users’ identity card number, bank account number, geographical tracking and other such sensitive personal information, not simultaneously notifying the user about its objective, or having an unclear or difficult to understand objective.
4. Content related to collection and use norms is obscure and difficult to understand, verbose and overly detailed, which is difficult for users to understand, for instance using large amounts of specialist jargon, etc.
III, The following acts may be determined as “collecting and using personal information without users’ consent”
1. Beginning to collect personal information or activating authorizations for collectable information before obtaining users’ consent;
2. After users clearly indicate they do not consent, still collecting personal information or activating up collectable personal information authorizations, or frequently obtaining users’ consent, interfering with users’ regular use;
3. Actually collecting personal information or activating collectable personal information authorizations in excess of the scope of user authorization;
4. Obtaining users’ consent by way of implicit agreement to privacy policies and other non-explicit methods;
5. Altering the status of collectable personal information authorizations they have set up without users’ consent, for instance automatically restoring user-set up authorization to implicit approval status when updating an app;
6. Using users’ personal information and algorithms to direct push delivery information, without providing an option for non-targeted push delivery information;
7. Misleading users through fraudulent, swindling and other such improper methods into consenting to personal information collection or the activation of collectable personal information authorizations, for instance wilfully hoodwinking or covering up the true objective for the collection of users’ personal information;
8. Not providing users with a way and method to revoke consent for personal information collection;
9. Collecting users’ personal information in violation of the announced collection and use norms.
IV, The following acts may be determined as “collecting personal information in violation of the principle of necessity, that is not related to the provided service”
1. Collected categories of personal information or activated collectable personal information authorizations are not related to the existing business functions;
2. Refusing to provide business functions because users do not consent to the collection of unnecessary personal information or the activation of unnecessary authorizations;
3. Requesting the collection of personal information in excess of the scope the user originally consented to when adding new business functions to the app, refusing to provide the original business functions if the user does not agree, except where the newly added business function supersedes the original business function;
4. The frequency of personal information collection exceeds the actual needs of business functions;
5. Obliging he user to consent to personal information collection for only the purpose of improving of service quality, enhancing user experience, targeting push delivery information, researching and developing new products, etc.,
6. Requiring users to consent once to activating multiple collectable personal information authorizations, where use is impossible if users do not consent.
V, The following acts may be determined as “providing personal information to others without consent”
1. Providing personal information directly from the app customer end to third parties both without user content, and without anonymized processing, including providing personal information to third parties through methods such as embedding third-party code or plug-in components at the customer end, etc.;
2. Providing collected personal information to third parties after data is transmitted to the app’s back-end servers both without user content, and without anonymized processing;
3. Even if functions are provided to correct and delete personal information and cancel user accounts, not timely responding to user’s corresponding operations, requiring manual processing, not completing examination and processing within the committed time limits (the committed time limit may not exceed 15 working days, where there is not committed time limit, 15 working days are taken as limit);
4. Where the executing of correction or deletion of personal information, the cancellation of user accounts and other such user operations has been completed, but it is not completed at the app back-end;
5. Not establishing and publishing personal information security complaints and reporting channels, or not accepting and processing matters within the committed time limits (the committed time limit may not exceed 15 working days, where there is not committed time limit, 15 working days are taken as limit).
This suggestion draft is one of the outcomes of the National Social Science Fund Major Project “Important Legislative Questions for Internet Security” (14ZDC021) at Renmin University of China Law School, of which Professor Zhang Xinbao is lead expert, its objective is to provide reference for legislation, its authors are Zhang Xinbao and Ge Xin. On deficiencies in the suggestion draft, the submission of valuable opinions and suggestions is welcomed, to be sent to email@example.com. After further revision and perfection, the suggestion draft and statement of grounds for legislation will be published in the near future by Renmin University of China Press, further attention is respectfully invited. Read the rest of this entry »
Management Rules for Credit Information of Gravely Untrustworthy Subjects in Internet Information Services (Opinion-seeking Draft)
Article 1: In order to stimulate the construction of credit in the Internet information services area, ensure the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, the “Planning Outline for the Construction of a Social Credit System”, the “State Council Guiding Opinions concerning Establishment and Perfection of Joint Incentive Structures for the Trustworthy and Joint Punishment Structures for the Untrustworthy, and Accelerating the Advance of Social Credit Construction”, the “State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Novel Management Mechanisms Based on Credit” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility for Internet Information Content Management Work”, these Rules are formulated. Read the rest of this entry »
State Council General Office Guiding Opinions concerning Accelerating the Advance of Social Credit System Construction and Building Credit-Based Novel Supervision and Management Mechanisms
GBF No. (2019)35
All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate bodies:
In order to strengthen the construction of the social credit system, deeply advance the “release, management and service” reform, further give rein to the fundamental role of credit in innovating supervision and management mechanisms, raising supervision and management capacities and levels, even better incite the vigour of market subjects, and promote high-quality development, with the agreement of the State Council, the following Opinions are hereby put forward.
I, General requirements.
With Xi Jinping Thought on Socialism with Chinese characteristics for a new era as guidance, deeply implement the spirit of the 19th Party Committee and its 2nd and 3rd Plenums, according to the basic principles of acting according to laws and regulations, reform and innovation, coordinated and joint governance, with strengthening credit supervision and management as rallying points, innovate supervision and management concepts, supervision and management structures, and supervision and management methods, establish and complete novel supervision and management methods running throughout the whole lifecycle of market subjects, connecting supervision and management links ex ante, ad interim and ex post, incessantly enhance supervision and management capabilities and levels, further standardize market order, optimize the commercial environment, and promote high-quality development.
II, Innovating credit supervision and management in the ex-ante link
(1) Establishing and completing credit commitment structures. When handling administrative licencing affairs using credit commitment structures, where applicants’ commitments conform to approval conditions and they have submitted the relevant materials, this shall be handled immediately. Where applicants’ credit situation is relatively good, and a part of the application materials is incomplete but they commit in writing to provide this within the provided time period, they shall be accepted with priority, and the handling process is to be accelerated. The circumstances of honouring written commitments will be entered into credit records, to act as an important basis for ad interim and ex post supervision and management, applicants not honouring them will be subject to punishment in view of the circumstances. We must accelerate combing through administrative licensing items amenable to the introduction of credit commitments, formulate credit commitment letters with standardized templates, and rely on all levels’ credit portal websites to publish them. Market subjects are encouraged to actively issue credit commitments to society. Sectoral associations and chambers of commerce are supported in the establishment and completion of intra-sector credit commitment structures, strengthening sectoral self-discipline. (All localities and all departments are respectively responsible according to their duties)
(2) Exploring the introduction of business people’s pre-access sincerity education. Fully utilized all levels’ and all categories’ government service windows, to broadly launch education on legal compliance and sincerity among market subjects. When handling work related to registration, examination and approval, filing, etc. for market subjects, timely introduce standardized, regularized and convenient legal knowledge and credit knowledge education, raising business people’s consciousness on doing business according to the law and sincerely. The launch of credit education must not be fee-paying, and must also not be a necessary condition for market access. (All localities and all departments are respectively responsible according to their duties)
(3) Vigorously expand credit reporting applications. All kinds of market subjects are encouraged to more broadly and actively use credit reports in their production and commercial activities. In processes such as government procurement, tendering and bidding, administrative examination and approval, market access, credential verification, etc., fully give rein to the role of credit reports issues by public credit service bodies and third-party credit service bodies. Explore the establishment of nationwide uniform credit report standards, promote cross-regional mutual recognition of credit report results. (NDRC, PBoC take the lead, all localities and all departments are respectively responsible according to their duties)
III, Strengthening credit supervision and management in the ad interim segment
(4) Comprehensively establish market subject credit records. Establish credit information collection catalogues on the basis of lists of powers and responsibilities, timely, accurately and comprehensively record market subjects’ credit activities in the process of handing registration, qualification verification, daily supervision and management, public service, etc., especially file and record untrustworthiness records, ensure that these can be consulted, verified and traced. ((All localities and all departments are respectively responsible according to their duties). Perfect uniform social credit code structures for legal persons and non-legal person organizations, use the uniform social credit code as a marker to integrate and shape integrated market subject credit records, and publish these according to laws and regulations through channels such as the “Credit China” website, he national enterprise credit information publication system or the China governmental web, as well as other related portal websites. Complete the 12315 market supervision and management complaint reporting hotline and informatized platform integration work, forcefully launch consumer complaints publication, stimulate businesspeople to implement their leading responsibility for consumer rights defence. (NDRC takes the lead, all departments are respectively responsible according to their duties).
(5) Establishing and completing voluntary credit information registration mechanisms. Encourage market subjects to voluntarily register credit information on qualifications and licences, market operations, contract fulfilment, social welfare, etc. on the “Credit China” website or other channels, to make public credit commitments concerning the veracity of the information, authorize the website to integrate, share and apply corresponding information. Verified voluntarily registered information may be an important basis to conduct credit evaluation and generate credit reports. (NDRC takes the lead, all departments are respectively responsible according to their duties.
(6) Deeply conducting comprehensive credit evaluation. The nationwide credit information sharing platforms must strengthen coordination and cooperation with relevant departments, integrate all kinds of credit information according to laws and regulations, conduct full-coverage, standardized, and public interest-type comprehensive public credit evaluation of market subjects, regularly report evaluation results to corresponding government department, financial bodies, sectoral associations and chambers of commerce for reference and use, and publish them to society according to relevant regulations. Promote relevant departments’ use of comprehensive public credit evaluation results, integrate departmental and sectoral management data, establish sectoral credit evaluation models, and provide ever more accurate bases for credit supervision and management. (NDRC takes the lead, all departments are respectively responsible according to their duties)
(7) Forcefully advancing tiered and categorized credit supervision and management. Divide supervision and management across tiers and categories on the basis of fully grasping credit information, and comprehensively deliberating the situation of credit, and on the basis of comprehensive public credit evaluation results and sectoral credit evaluation results, etc., and adopt differentiated supervision and management measures based on the height of the credit tier. “Double random and one public” supervision and management must be integrated with credit tiers, the proportion and frequency of spot checks may be reasonably lowered for market subjects with relatively good credit and relatively low risk, reducing influence to their regular production and operations; for market subjects with ordinary credit risks, spot checks are conducted with conventional proportions and frequencies; for law-breaking, untrustworthy, and relatively high-risk market subjects the proportion and frequency of spot checks will be appropriately increased, implementing strict management and punishment according to laws and regulations. (All localities and all departments are respectively responsible according to their duties)
IV, Perfecting credit supervision and management in the ex-post segment
(8) Completing determination mechanisms for the counterparts for joint punishment for trust-breaking. Relevant departments will establish and complete name list systems for the counterparts of joint punishment for trustworthiness according to laws and regulations, on the basis of untrustworthiness records obtained and determined during the ex ante and interim supervision and management segments. Market subjects with unlawful and untrustworthy acts of a malicious nature, with grave circumstances and relatively large social harm will be listed on the name list for joint punishment counterparts for untrustworthy acts according to procedure and on the basis of corresponding judicial verdicts, administrative punishments, administrative coercive measures, etc. Accelerate the perfection of relevant management rules, clarify determination bases, standards, procedures, dissent appeals and withdrawal mechanisms. For the formulation of management rules, the opinions from the social public must be fully solicited, and published standards and their concrete determination procedures will be made published to society in an appropriate manner. Relevant departments will be supported to establish name list systems for focus attention targets on the basis of requirement, for market subjects where untrustworthy acts exist but the degree of gravity has not reached the determination standard for joint punishment of untrustworthiness, it is permitted to implement strict supervision measures corresponding to the degree of their untrustworthiness. (All departments are respectively responsible according to their duties)
(9) Supervising rectification of untrustworthy market subjects within a limited time. Untrustworthy market subjects shall earnestly rectify matters within the provided time limits; where the rectification is insufficient, the determining department will initiate procedures for prompting talks or warning talks according to laws and regulations, according to the principle of “who determines, has the talk”, and supervise untrustworthy market subjects’ fulfilment of related duties and deletion of the harmful influence. Talk records are included into the credit record of the untrustworthy market subject, and are entered into the national credit information sharing platform after uniform collection. Forcefully advance special campaigns on untrustworthiness issues in focus areas, and adopt powerful and effective measures to accelerate the progress of rectification. (All departments are respectively responsible according to their duties)
(10) Deeply conducting joint punishment for untrustworthiness. Accelerate the construction of cross-regional, cross-sectoral, and cross-area joint punishment mechanisms for untrustworthiness, and resolve the problem that untrustworthy acts emerge repeatedly, or emerge in other areas at the roots. Establish joint punishment measure lists according to laws and regulations, dynamically renew them and publish them to society, and create a large structure for joint punishment for untrustworthiness with multi-barrelled roles for administrative, market and sectoral punishment measures, and broad participation from social forces. Focus on implementing punishment measures for untrustworthiness with great punitive strength and good supervision and management effects, including constraining targets of joint punishment for untrustworthiness according to laws and regulations from issuing shares, tendering and bidding, applying for funding projects from the finance administration, enjoying fiscal preferences and other such administrative punishment measures, restrict them from obtaining credit lines, traveling on aircraft, traveling on high-grade trains and seats and other such market punishment measures, as well as reporting for criticism, public denunciation and other such administrative punishment measures. (NDRC takes the lead, all localities and all departments are respectively responsible according to their responsibilities)
(11) Determinedly implementing market and sector ban mechanisms according to laws and regulations. Implement strict supervision and management, and strengthen punishment with the focus on food and drug products, ecology and the environment, engineering quality, safe production, care for the elderly and children, urban operational security and other such areas directly connected with the security of the popular masses’ lives and assets. Firmly implement market and sectoral ban measures within a certain time period according to laws and regulations, even up to permanent expulsion from markets, against market subjects and their relevant responsible persons who refuse to implement a judicial verdict or an administrative punishment decision, do not improve after repeated violations, resulting in major losses. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
(12) Lawfully investigate liability for law-breaking and untrustworthiness. Establish and complete liability investigation mechanisms, impose untrustworthiness punishment against the legal representative or main responsible persons and actual controlling persons of market subjects listed on the joint punishment target list for untrustworthiness according to laws and regulations, and enter corresponding untrustworthy act on their personal credit record. Where unlawful or untrustworthy conduct occurs in organize undertaking work units or State-owned enterprises, it must be reported to the higher-level competent work unit and auditing department; where unlawful or trust-breaking conduct occurs among work personnel, they must be reported to their work unit and the related discipline inspection, supervision, organization and personnel departments. (All localities and all departments are respectively responsible according to their duties)
(13) Exploring the establishment of credit recovery mechanisms. Where untrustworthy market subjects correct the untrustworthy act and eliminate harmful influence within the provided time limit, they may conduct credit recovery through methods such as issuing credit commitments, completing credit rectification, passing credit inspections, accepting specialized training, submitting credit reports, participating in public interest and charity activities, etc. After recovery is completed, all localities and all departments must timely cease the publication of their untrustworthiness reports according to procedure, and terminate the implementation of joint punishment measures. Accelerate the establishment and perfection of mechanisms for coordination and joint action, handling all affairs through one network, and provide high-efficiency and convenient credit recovery services to untrustworthy market subjects. Third-party credit service bodies meeting conditions are encouraged to provide credit reports, credit management consulting and other such services. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
V, Strengthening support and safeguards for credit supervision and management
(14) Striving to enhance credit supervision and management informatization construction levels. Give full rein to the information collection and sharing role of the nationwide credit information sharing platform and the national “Internet Plus Supervision and Management” system, ensure that government departments’ credit information “is fully collected where it shall be collected”, enhance the interconnection and interaction of local credit information platforms and sectoral credit information systems, create smooth government and enterprise data circulation mechanisms, create “one network” completely covering credit information of all localities, all departments and all kinds of market subjects. Rely on the national credit information sharing platform and the national “Internet Plus Supervision and Management” system to share basic market subject information, law enforcement supervision, management and punishment information, untrustworthiness joint punishment information etc. with related departmental operations systems according to requirement, add applications in the process of credit supervision and management and other such processes, support the creation of a credit supervision and management coordination mechanism with synchronized data, uniform measures and consistent standards. (NDRC and State Council General Office take the lead, all localities and all departments are respectively responsible according to their duties)
(15) Forcefully advancing credit supervision and management information openness and publication. On the basis of integrated publication of administrative licensing and administrative punishment information, entrust the “Credit China” website, the Chinese government network and other channels with further researching and promoting the open uploading of information on administrative obligations, administrative affirmations, administrative collection, administrative fees, administrative rulings, administrative compensation, administrative rewards, administrative supervision and inspection, and other such administrative acts within seven working days, promote the publication of information in judicial verdicts and law enforcement activities related to untrustworthy persons subject to enforcement and untrustworthy persons making false complaints of whom the information should be published, ensuring that “what shall be published, is fully published”. (All localities and all departments are respectively responsible according to their duties)
(16) Fully giving rein to the supporting role of “Internet Plus” and big data in credit supervision and management. Rely on the national “Internet Plus Supervision and Management” system and other such systems to effectively integrate public credit information, market credit information, complaints reporting information and related Internet and third-party information, fully use big data, artificial and other such new-generation information technologies to realize that credit supervision and management data can be compared, processes can be traced, and issues can be monitored. All localities and all departments are encouraged to, in integration with reality, cooperate with big data bodies according to laws and regulations to exploit credit information, grasp market subjects’ business situations and the characteristics of their laws in a timely and dynamic manner. Fully use the national “Internet Plus Supervision and Management” system and other such systems to establish early risk assessment and early warning mechanisms, to discover and prevent symptomatic, cross-sectoral and cross-regional risks early. Use big data to actively discover and distinguish clues for violations of laws and regulations, effectively prevent acts violating laws and regulations harming the public interests and the security of the masses’ lives and assets. It is encouraged to enhance law enforcement supervision and management efficiency through the Internet of Things, the Internet of Vision and other such non-contact supervision and management measures to enhance the efficiency of law enforcement, supervision and management, realize the standardization, accuratization and smartification of supervision and management, reduce human factors, realize fair supervision and management, stop problems such as wilful inspections, multi-headed supervision and inspection, etc., realize “entering the door once, inspecting multiple matters”, and reduce disturbance to supervision and management targets. (State Council General Office, NDRC, State Administration of Market Regulation take the lead, all departments are respectively responsible according to their duties.
(17) Realistically strengthening the protection of credit information security and market subjects’ rights and interests. Strictly investigate and prosecute acts where credit information is leaked or distorted in violation of regulations, or credit information is used in pursuit of private gain, etc. Strengthen the construction of basic credit information security infrastructure and security protection capabilities. Establish and complete credit information objection and complaint structures, information providing and collecting work units must as quickly as possible examine and verify information to which market subjects have raised an objection and feed back the results, information verified as containing errors must be timely corrected or deleted. Where market subjects’ lawful rights and interests were harmed after they were erroneously assigned to the untrustworthiness joint punishment target list, or untrustworthiness joint measures were erroneously adopted, relevant departments and work units must vigorously adopt measures to eliminate the harmful influence. (All localities and al departments are responsible on the basis of their duties)
(18) Vigorously guiding sectoral organizations and credit service bodies to coordinate supervision and management. Relevant department-authorized sectoral associations and chambers of commerce are supported to assist in the conduct of sectoral credit construction and credit supervision and management, sectoral associations and chambers of commerce are encouraged to establish member credit records, conduct credit commitments, credit training, sincerity propaganda, sincerity advocacy etc., make sincerity into an important component for sectoral rules and sectoral conventions, and guide their sectors in strengthening awareness about doing business lawfully and sincerely. Promote the development of information services for credit inquiry, credit grading, credit insurance, credit guarantees, contract fulfilment guarantees, credit management consulting and training, etc., and realistically let third-party credit service bodies play a specialized role in aspects such as credit information collection, processing, use, etc. Relevant departments are encouraged to launch cooperation’s with third-party credit service bodies in areas such as credit record integration, credit information sharing, credit big data analysis, credit risk early warning, examination and verification of cases of untrustworthiness, tracing and monitoring of untrustworthy activities, etc. (NDRC, Ministry of Civil Affairs, People’s Bank of China are respectively responsible according to their duties)
VI, Strengthening organization and implementation of credit supervision and management
(19) Strengthening organizational leadership. All localities and all departments must make building credit-based novel supervision and management mechanisms into an important measure in deeply advancing the “release, manage, serve” reform, put it in an ever more prominent position, strengthen organizational leadership, detail divisions of work and responsibilities, and promote implementation in a forceful, orderly and effective manner. Perfect supplementary structures to credit supervision and management, and strengthen links with other elements of “release, manage, serve” reform. Departments responsible for market supervision and management and sectoral supervision and management must realistically bear their dominant responsibility in sectoral credit construction and credit supervision and management, fully give rein to the roles of sectoral organizations and third-party credit service bodies, create beneficial conditions for public supervision, integrate and create joint forces for credit supervision and management with joint participation from all of society. (NDRCD takes the lead, all departments and all localities are respectively responsible according to their duties)
(20) Launching trials and demonstrations. Organize and launch credit construction and credit supervision and management trials and demonstrations revolving around credit commitments, credit recovery, untrustworthiness joint punishment, credit big data exploitation and use and other such focus work. On the basis of exploration and innovation in all localities and all departments, timely summarize, abstract and exchange good methods and good experiences in launching credit construction and credit supervision and management, and reproduce and broaden them on an ever greater scale (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
(21) Accelerating the establishment of rules and structures. Promote the formulation of social credit system construction-related laws, accelerate the research and promulgation of public credit information management regulations, unified social credit code management rules and other such regulations. Establish and complete nationwide uniform credit supervision and management norms and standards, timely publish related local regulations, government rules and normative documents, and upgrade methods effective in credit supervision and management practice into structures and norms. Grasp the formulation of national standards urgently needed in credit supervision and management. (NDRC, Ministry of Justice take the lead, all localities and all departments are respectively responsible according to their duties)
(22) Conducting propaganda and explanation. All localities and all departments must, through all kinds of channels and methods, conduct policy propaganda and explanation work in a thorough and detailed manner for market subjects, to let businesspeople fully understand and vigorously cooperate with credit-based novel supervision and management measures. Strengthen guidance and training for grass-roots and first-line supervision and management personnel. Organize news media to report broadly, vigorously propagate credit supervision and management measures and their results, and create a benign social atmosphere. (NDRC takes the lead, all localities and all departments are respectively responsible according to their duties)
State Council General Office
9 July 2019
Ministry of Public Security of the People’s Republic of China Decree
The “Regulations on Internet Security Supervision and Inspection by Public Security Bodies” were passed at the Minister’s business meeting of the Ministry of Public Security on 5 September 2018, are hereby promulgated, and take effect on 1 November 2018.
Minister: Zhao Kezhi
15 September 2018
Regulations on Internet Security Supervision and Inspection by Public Security Bodies
Chapter I: General provisions
Article 1: These Regulations are formulated in order to standardize public security bodies’ Internet security supervision and inspection work, prevent online law-breaking and crime, safeguard cybersecurity, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “People’s Police Law of the People’s Republic of China”, the “Cybersecurity Law of the People’s Republic of China” and other such laws and administrative regulations.
Article 2: These Regulations apply to public security bodies conducting security supervision and inspection of Internet service providers’ and network-using work units’ fulfilment of cybersecurity duties provided in laws and administrative regulations.
Article 3: Internet security supervision and inspection work is conducted by county-level or higher local People’s Government public security body cybersecurity protection departments.
Higher-level public security bodies shall implement guidance and supervision of lower levels’ public security bodies’ conduct of Internet security supervision and inspection work.
Article 4: Public security bodies conducting Internet security supervision and inspection shall abide by the policies of scientific management, ensuring and stimulating development, strictly abide by statutory powers and procedures, incessantly improve law enforcement methods, and comprehensively implement law enforcement responsibilities.
Article 5: Public security bodies and their work personnel shall strictly preserve the secrecy of personal information and privacy, commercial secrets and State secrets they learn in the process of fulfilling Internet security supervision and inspection duties and responsibilities, they may not leak this, sell it or illegally provide it to others.
Public security bodies and their work personnel can only use information they learn in the process of fulfilling Internet security supervision and inspection duties as required for maintaining cybersecurity, and may not use it for other purposes.
Article 6: Public security bodies shall timely notify relevant controlling departments and work units about cybersecurity risks they discover in the process of Internet security supervision and inspection work, which may harm national security, public security or social order.
Article 7: Public security bodies shall establish and implement rules for Internet security supervision and inspection work, and consciously accept supervision by inspection counterparts and the popular masses.
Chapter II: Supervision and inspection counterparts and content.
Article 8: Internet security supervision and inspection will be conducted by public security bodies of the locality of Internet service providers’ network service operations bodies and network using work units’ network management bodies. Where an Internet service provider is an individual, it may be implemented by the public security body of their regular place of residence.
Article 9: Public security bodies shall, on the basis of cybersecurity protection requirements and the concrete circumstances of cybersecurity risks and vulnerabilities, conduct supervision and inspection of the following Internet service providers and network-using work units.
(1) Those providing Internet access, Internet data centre, content distribution and domain name services;
(2) Those providing Internet information services;
(3) Those providing public network access services;
(4) Those providing other Internet services.
Focus supervision and inspection shall be conducted of those who have not conducted the services provided in the previous Paragraph for a full year, those where a cybersecurity incident, breach of law or crime occurred within two years, or those who have been subject to administrative punishment by a public security body for not fulfilling statutory cybersecurity duties.
Article 10: Public security bodies shall, on the basis of the actual circumstances of Internet service providers’ and network-using work units fulfilling their statutory cybersecurity duties, and according to relevant State regulations and standards, conduct supervision and inspection of the following content:
(1) Whether or not they have conducted network work unit filing formalities, and have reported the access work unit, basic user information and changes therein;
(2) Whether or not they have formulated and implemented cybersecurity management rules and operating rules, and appointed a person responsible for cybersecurity;
(3) Whether or not they have adopted technical measures to record and preserve user registration information and network use record information according to the law;
(4) Whether or not they have adopted technical measures to defend against computer viruses, cyberattacks, cyber intrusions, etc.;
(5) Whether or not they have adopted corresponding prevention measures against the publication or transmission of information prohibited in laws and administrative regulations according to the law in public information services;
(6) Whether or not they have provided technical support and assistance to public security bodies lawfully maintaining cybersecurity, preventing and investigating terror activities, or investigating crimes according to statutory provisions;
(7) Whether or not they have fulfilled cybersecurity multi-level protection duties as provided in laws and administrative regulations.
Article 11: Apart from the content listed in Article 10 of these Regulations, public security bodies shall also conduct supervision and inspection of the following content, on the basis of the category of provided Internet services:
(1) Where Internet access services are provided, supervising and inspecting whether they have recorded and preserved network address, allocation and use details;
(2) Where Internet data centre services are provided, supervising and inspecting whether they have recorded user information of the host entrustment, host rental and virtual space rental they provide;
(3) Where Internet domain name services are provided, supervising and inspecting whether they have recorded network domain name application and modification information, and whether or not they have adopted measures to deal with unlawful domain names according to the law.
(4) Where Internet information services are provided, supervising and inspecting whether they have adopted user-disseminated information management measures according to the law, whether or not they have adopted measures to deal with already published or transmitted information of which the dissemination or transmission is prohibited by laws and administrative regulations, and maintained related records;
(5) Where Internet content distribution services are provided, supervising and inspecting whether or not they have recorded circumstances concerning content distribution network and content source network links;
(6) Where Internet public access services are provided, supervising and inspecting whether or not they have adopted technical network and information security protection measures conform to national standards.
Article 12: During periods of national major cybersecurity defence tasks, public security bodies may conduct targeted security supervision and inspection of the following content of Internet service providers and network-using work units related to national major cybersecurity defence tasks:
(1) Whether or not they have formulated work plans required for major national cybersecurity defence tasks, clarified cybersecurity duties and work divisions, and appointed a management person for cybersecurity;
(2) Whether or not they have organized and conducted cybersecurity risk assessments, and adopted corresponding risk control measures to remedy cybersecurity leaks and vulnerabilities;
(3) Whether or not they have formulated cybersecurity emergency response plans, organized and conducted emergency response exercises, and whether or not emergency response-related equipment is complete and effective.
(4) Whether or not they have adopted other cybersecurity protection tasks required for major cybersecurity protection tasks according to the law;
(5) Whether or not they have reported cybersecurity protection measures and implementation circumstances to public security bodies according to requirement.
Internet security supervision and inspection with preventing terror attacks as its major objective will be implemented according to the content provided in the previous Paragraph.
Chapter III: Supervision and inspection procedures
Article 13: Public security bureaus conducting Internet security supervision and inspection may adopt on-site supervision and inspection or remote monitoring methods to do so.
Article 14: When public security bodies conduct on-site Internet security supervision and inspection, the number of People’s Police may not be less than 2, and they shall produce their People’s Police card and county-level or higher local People’s Government public security body-issued supervision and inspection notification letter.
Article 15: Public security bodies conducting on-site Internet security supervision and inspection may adopt the following measures on the basis of requirement:
(1) Entering business premises, computer rooms, work premises;
(2) Requiring the supervision and inspection counterpart’s responsible person or cybersecurity management personnel to explain supervision and inspection matters;
(3) Consulting and reproducing information related to Internet security supervision and inspection;
(4) Checking the operational state of technical network and information security protection measures.
Article 16: Public security bodies may conduct remote monitoring on whether or not cybersecurity leaks exist with Internet service providers and network-using work units.
Public security bodies conducting remote monitoring shall notify the supervision and inspection counterpart in advance about the inspection time, inspection cope and other such matters, or publish the related inspection matters, they may not interfere with or destroy the regular operations of the supervision and inspection counterpart’s networks.
Article 17: Public security bodies conducting on-site supervision and inspection or remote monitoring may entrust cybersecurity service bodies having corresponding technical capabilities with providing technical support.
Cybersecurity service bodies and their work personnel shall strictly preserve the secrecy of personal information and privacy, commercial secrets and State secrets they learn in the process of fulfilling Internet security supervision and inspection duties and responsibilities, they may not leak this, sell it or illegally provide it to others.
Public security bodies shall strictly supervise cybersecurity service bodies’ implementation of cybersecurity management and secrecy protection responsibilities.
Article 18: Public security bodies conducting on-site supervision and inspection shall draft supervision and inspection records, and have them signed by the People’s Police conducting supervision and inspection and the responsible person or cybersecurity management personnel from the supervision and inspection counterpart. Where the responsible person or cybersecurity management personnel from the supervision and inspection counterpart object to the supervision and inspection record, they shall be allowed to explain the matter; where they refuse to sign, People’s Police shall indicate this on the supervision and inspection record.
Public security bodies conducting remote monitoring shall draft supervision and inspection records, and have the supervision and inspection record signed by two or more People’s Police conducting the supervision and inspection.
Where cybersecurity service bodies are entrusted with providing technical support, the technical support personnel shall sign the supervision and inspection record together.
Article 19: Public security bodies discovering that cybersecurity risks or vulnerabilities exist in Internet service providers and network-using work unit in the process of Internet security supervision and inspection, shall urge and guide them to adopt measures to eliminate the risks or vulnerabilities, and indicate this in the supervision and inspection records; where they discover unlawful acts, but circumstances are light or no results have been created, they shall order them to correct the matter within a limited time.
Where the supervision and inspection counterpart believes they have completed correction before the end of the time limit, they may submit a re-inspection application in writing to the public security body.
Public security bodies shall, within three working days after the time limit ends or after receiving an earlier re-inspection application from the supervision and inspection counterpart, conduct a re-inspection of the corrected situation, and feed back the re-inspection results within three working days after the re-inspection concludes.
Article 12: All kinds of material collected in the process of inspection, or all kinds of produced documents and other materials, shall be stored in files according to regulations.
Chapter IV: Legal liability
Article 21: Where public security bodies discover Internet service providers or network-using work units committed the following unlawful acts in the process of Internet security supervision and inspection, they shall impose administrative punishment according to the law:
(1) Those not formulating or implementing cybersecurity management rules and operating rules, or not appointing a responsible person for cybersecurity, will be punished according to Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(2) Those not adopting technical measures to defend against computer viruses, cyberattacks, cyber intrusions and other such acts harming cybersecurity, will be punished according to the provisions of Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(3) Those not adopting measures to record and preserve user registration information and web access daily record information, will be punished according to the provisions of Article 59 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(4) Those not requiring users to provide real identity information according to requirements in the process of providing Internet information dissemination, instant communication and other such services, or who provide related services to users not providing real identity information, will be punished according to the provisions of Article 61 of the “Cybersecurity Law of the People’s Republic of China”;
(5) Those who do not adopt measures to cease transmission and delete information of which the dissemination and transmission is prohibited by laws and administrative regulations according to the law or according to public security bodies’ requirements, and preserve relevant records, will be punished according to the provisions of Article 68 or Article 69 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”;
(6) Those refusing to provide technical support and assistance to public security bodies maintaining cybersecurity and investigating criminal activities according to the law, will be punished according to the provisions of Article 69 Paragraph III of the “Cybersecurity Law of the People’s Republic of China”.
Where the acts in the preceding items 4 to 6 violate the “Anti-Terrorism Law of the People’s Republic of China”, they will be punished according to the provisions of Article 84 or Article 86 Paragraph I of the “Anti-Terrorism Law of the People’s Republic of China”.
Article 22: Where public security bodies, in the process of Internet security supervision and inspection, discover Internet service providers and network-using work units steal or obtain personal information in an illegal manner, illegally sell or illegally provide it to others, but it does not constitute a crime, they will be punished according to the provisions of Article 64 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”.
Article 23: Where public security bodies, in the process of Internet security supervision and inspection, discover Internet service providers and network-using work units have installed malicious programmes in the Internet services they provide, they will be punished according to the provisions of Article 60 Paragraph I of the “Cybersecurity Law of the People’s Republic of China”.
Article 24: Where Internet service providers and network-using work units refuse or impede public security bodies’ conduct of Internet security supervision and inspection, they will be punished according to the provisions of Article 69 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”; where they refuse to cooperate with anti-terrorism work, they will be punished according to the provisions of Article 91 or Article 92 of the “Anti-Terrorism Law of the People’s Republic of China.
Article 25: Where cybersecurity service bodies and their work personnel entrusted with providing technical support engage in illegal intrusion into the supervision and inspection counterpart’s networks, interfere with the regular functioning of the supervision and inspection counterpart’s networks, or steal online data and other such activities harming cybersecurity, they will be punished according to the provisions of Article 63 of the “Cybersecurity Law of the People’s Republic of China”; where they steal personal information they have obtained in the process of their work or obtain it in an illegal manner, illegally sell or illegally provide it to others, they will be punished according to the provisions of Article 64 Paragraph II of the “Cybersecurity Law of the People’s Republic of China”, where it constitutes a crime, criminal liability will be prosecuted according to the law.
Where bodies and their work personnel as provided in the previous Paragraph infringe the commercial secrets of the supervision and inspection counterpart, constituting a crime, criminal liability will be prosecuted according to the law.
Article 26: Where public security bodies and their work personnel, in the process of Internet security supervision and inspection work, are derelict in their duties, abuse their powers, or engage in favouritism, the directly responsible person in charge and other directly responsible personnel will be punished according to the law; where it constitutes a crime, criminal liability will be prosecuted according to the law.
Article 27: Where Internet service providers and network-using work units violate these Regulations, constituting a violation of public security management, they will be subject to public order management punishment; where it constitutes a crime, criminal liability will be prosecuted according to the law.
Chapter V: Supplementary provisions
Article 28: Supervision and inspection of commercial Internet access service venues will be implementing according to the relevant provisions of the “Commercial Internet Access Service Venue Management Regulations”.
Article 29: These Regulations take effect on 1 November 2018.
Following the rapid development of the mobile Internet and big data, the scale and impact of the disclosure of personal information of our country’s netizens has become ever larger, gravely infringing netizens’ rights and interests, harming the public interest, and attracting a high degree of attention from competent government departments as well as the broad attention of all walks of society. In order to protect netizens’ personal information security, safeguard the rights and interests of netizens, guide Internet enterprises to collect, store and use personal information in a standardized manner, stimulate the implementation of related laws and regulations, promote the healthy and sustainable development of the Internet sector, the Internet Society of China proposes the following Proposal to the nationwide Internet circles:
I, Strictly abide by all laws and regulations formulated by national and sectoral competent departments, as well as the sectoral self-discipline conventions issued by the Internet Society of China, and cooperate with relevant government departments’ lawful actions to attack the online disclosure of personal information.
II, Strengthen sectoral self-discipline, shoulder corporate social responsibility, strengthen examination, verification and management of interactive platforms such as websites, forums, microblogs, instant messaging, e-commerce, etc., timely discover and clean up online disclosure of personal information, do not provide communication channels for information disclosure, and protect netizens’ lawful rights and interests.
III, Complete supervision and reporting mechanisms, vigorously respond to netizens’ complaints in the area of personal information protection, timely feed back handling outcomes to netizens, earnestly correct problems reflected by the public, increase online service quality, and create an online environment of security and sincerity.
IV, Strengthen professional training for employees, raise employees’ understanding of personal information protection, require employees to earnestly implement legal responsibilities, abide by legal provisions, and implement the requirements concerning personal information protection in laws and regulations.
V, Strengthen cybersecurity protection capabilities, and prevent that databases and user information is stolen. If cybersecurity incidents such as disclosure of user information are discovered, timely report them to public security bodies and relevant government departments, adopt effective measures to plug cybersecurity vulnerabilities, and protect data and information security.
VI, Strengthen propaganda, raise netizens’ capability to identify and judge phishing, fraud and other such online violations and harmful information, strengthen netizens’ understanding and usage levels of online smart terminals, strengthen personal information protection awareness, and prevent personal information disclosure.
Internet Society of China
14 September 2018.
Appendix: small measures to prevent personal information disclosure
1, Do not register at websites with unclear sources, cautiously use mobile phone number registration.
2, Do not scan QR codes from an unclear origin, do not install software from an unclear origin.
3, Information on replaced electronic products must be deleted thoroughly, to prevent law-breakers from recovering data.
4, Processing paper forms with personal information requires caution, and privacy information must be erased.
5, Avoid disclosing excessive personal information on social software, to prevent its use by lawbreakers.
6, Cautiously use free WiFi in public venues, to prevent disclosure of user names and passwords.
7, Do not click on links in text messages and mails, in order to avoid “phishing”.
8, The same account name and password group must not be used on different pieces of software, in order to avoid the creation of grave harm.
In the wake of the recent upgrade of the Central Leading Group for Cybersecurity and Informatization to a fully-fledged Commission, a national Work Conference on Cybersecurity and Informatization work took place in Beijing on 20 and 21 April. Xi Jinping gave a speech outlining adjusted priorities after the 19th Party Congress. The full text of the speech has not (yet) been made public. This is a translation of the official Xinhua report. Analysis will be published on the DigiChina platform.
Xi Jinping Stresses at the Cybersecurity and Informatization Work Conference to Keenly Grasp the Historical Opportunity in Informatization Development, and Move Forward the Construction of a Cyber Power through Indigenous Innovation
Li Keqiang Chairs, Li Zhanshu, Wang Yang, Wang Huning, Zhao Leji and Han Zheng Attend
Xinhua, 21 April, Beijing (Journalists Zhang Xiaosong, Zhu Jichai). The National Cybersecurity and Informatization Work Conference was convened on the 20th and 21st in Beijing. CCP Central Committee General Secretary, State President, Chair of the Central Military Commission and Chair of the Central Commission for Cybersecurity and Informatization Xi Jinping attended the Conference and gave an important speech. He stressed that informatization has brought extremely rare opportunities to the Chinese nation. We must acutely grasp the historical opportunity of informatization development, strengthen online positive propaganda, safeguard cybersecurity, promote breakthroughs in core technologies in the informatization area, give rein to the guiding role of informatization in economic development, strengthen civil-military convergence in the cybersecurity and informatization area, actively participate in international cyberspace governance processes, move forward the construction of a cyber power through indigenous innovation, and make new contributions to determine victory in comprehensively constructing a moderately prosperous society, seize new grand victories for Socialism with Chinese Characteristics in a new era, and realize the Chinese Dream of the Great Rejuvenation of the Chinese Nation. Read the rest of this entry »
Chapter I: General Principles
Article 1: In order to strengthen and standardize Internet security supervision and inspection work by public security bodies, prevent online law-breaking and crime, safeguard cybersecurity, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “People’s Police Law of the People’s Republic of China”, the “Cybersecurity Law of the People’s Republic of China” and other such relevant laws and administrative regulations, these Regulations are formulated. Read the rest of this entry »
The digital economy is a driver for global economic growth that becomes more important every day, and is playing an ever more important role in accelerating economic development, enhancing labour productivity in existing industries, fostering new markets and new industrial growth points, realizing inclusive growth and sustainable growth. In order to expand cooperation in the digital economy area, as countries supporting the “One Belt, One Road” initiative, we will, on the basis of the principles of interconnection and interaction, innovation and development, openness and cooperation, harmony and inclusivity, mutual benefit and win-win, explore the common use of digital opportunities and response to challenge, strive to realize an interconnected and interactive “Digital Silk Road” through strengthening policy communication, infrastructure linkages, trade facilitation, financial flows and interlinking popular sentiment, and forge a mutually beneficial, win-win “community of interests” and a “community of destiny” for common development and flourishing. To this end, on the basis of voluntarity and non-restraint, we put forward the following proposal:
1. Expanding broadband access, raising broadband quality. Build and perfect regional telecommunications, Internet, satellite navigation and other such important information infrastructure, stimulate interconnection and interaction, explore the expansion of high-speed Internet access and connectivity measures at a bearable price, stimulate broadband network coverage, improve service capabilities and quality.
2. Stimulating the digital transformation. Stimulate the digitization of agricultural production, operations and management, as well as the networked transformation of agricultural product distribution. Encourage digital technologies to converge with the manufacturing sector, build an ever more linked, networked and smart manufacturing sector. Use information and telecommunications technology to improve cultural education, healthcare and medicine, environmental protection, urban planning and other public services. Stimulate the sustained development of service sectors such as smart logistics, online tourism, mobile payment, digital creativity and the shared economy.
3. Stimulate e-commerce cooperation. Explore the feasibility of establishing information sharing, mutual trust and mutual recognition mechanisms for cross-border e-commerce credit, customs passage, inspection, quarantine, consumer protection and other such areas, strengthen cooperation in areas such as financial payment, storage and logistics, technology services, offline exhibitions, etc. Strengthen cooperation in consumer rights protection.
4. Support Internet start-ups and innovation. Encourage the promotion of Internet-based research, development and innovation through beneficial and transparent legal frameworks, and support Internet-based start-ups. Use the Internet to stimulate innovation in products, services, processes, organizational and commercial models.
5. Stimulate the development of small, mid-size and micro enterprises. Stimulate small, mid-size and micro enterprises to use information and telecommunication technologies to conduct innovation, raise competitiveness and open up new market sales channels through policy support. Promote the provision of required digital infrastructure to small, mid-size and micro enterprises at bearable prices. Encourage small, mid-size and micro enterprises to provide information and telecommunication products and services to public departments, and enter into global value chains.
6. Strengthen digitized skills training. Increase the public’s digitized skills levels, ensure that they obtain gains from the development of the digital economy. Launch on-the-job training for digital skills, enhance employees’ digital skills. Encourage government departments, universities, research bodies and enterprises to vigorously launch training programmes, and stimulate the popularization and improvement of digital skills.
7. Stimulating investment in the information and telecommunications technology area. Improve the commercial environment through stimulating research, development and innovation as well as investment, including cross-border investment in the digital economy. Promote all kinds of financial bodies, multilateral development bodies, etc., to invest in information and telecommunications technology infrastructure and applications, guide commercial share investment funds as well as social funds to invest in the area of the digital economy, encourage public-private partnership relations and other such forms of participation. Encourage the organization of investment information exchange activities between information and telecommunications technology enterprises and financial bodies, encourage reciprocal investment in the information and telecommunications technology area.
8. Promoting inter-city digital economy cooperation. Stimulate relevant cities to launch twinning cooperation, support the establishment of strategic cooperation relationships between twinned cities, drive international traffic and logistics, enhance quality and increase efficiency through constructing information infrastructure, promoting information sharing, stimulating information technology cooperation, and stimulating Internet trading services. Explore the establishment of “Digital Silk Road” economic cooperation demonstration areas. Encourage and support relevant cities in establishing “Digital Silk Road” economic demonstration areas within these cities, promote profound bilateral cooperation in areas such as information infrastructure, smart cities, e-commerce, long-distance healthcare, “Internet Plus”, the Internet of Things, artificial intelligence, etc.
9. Increasing digital inclusivity. Adopt many kinds of policy measures and technological measures to reduce the digital divide, including the digital divide between countries and within countries, and forcefully stimulate the proliferation of the Internet. Stimulate the use of digital technologies in school education and non-official education, promote the realization of broadband access for schools and equip them with online learning environments, so that ever more students can use digitized tools and resources in pursuit of learning. Strengthen the development of digital content such as excellent online games, cartoons, audiovisual materials, literature, music and knowledge resources, and stimulate exchange between the cultures of all countries, and a meeting of people’s hearts.
10. Encouraging and fostering transparent digital economy policies. Develop and maintain an open, transparent and inclusive digital economy policy formulation method. Encourage the dissemination of related and publishable government data, and understand the potential of these in driving new technologies, new products and new services. Encourage online open tendering and procurement, support enterprises in innovating digital product production and services, and simultaneously ensure that demand is market-led.
11. Furthering international standardization cooperation. Propose the formulation and application of international standards for technology products and services developed through joint coordination, these international standards should maintain consistency with international norms including the norms and principles of the World Trade Organization.
12. Strengthening confidence and trust. Strengthen the feasibility, completeness, secrecy and reliability of online transactions. Encourage the development of secure information infrastructure, in order to stimulate trustworthy, stable and reliable Internet applications. Strengthen international cooperation in the area of online trading, jointly attack cybercrime and protect the information and telecommunications technology environment. Through ensuring and respecting privacy and protecting personal data, establish confidence among users, this is a critical factor influencing the development of the digital economy.
13. Encourage and stimulate cooperation while respecting autonomous development paths. Encourage all countries along the Belt and Road to strengthen exchange and enhance mutual understanding, strengthen cooperation in policy formulation, supervision and management, reduce, eliminate or prevent unnecessary differences in supervision and management requirement, in order to liberate the vitality of the digital economy, simultaneously understand that all countries should preserve consistency with their international legal obligations, and that they will plan their development path no the basis of their own development situation, historical and cultural traditions, national legal systems and national development strategies.
14. Encouraging the joint construction of a peaceful, secure, open, cooperative and ordered cyberspace. Support information and telecommunication technology policies that safeguard the global nature of the Internet, permit Internet users to lawfully and autonomously choose the information, knowledge and services they obtain online. Understand that cybersovereignty must be fully respected, safeguard cybersecurity, determinedly attack cyberterrorism and cybercrime, protect personal privacy and information security, and promote the establishment of a multilateral, democratic and transparent international Internet governance system.
15. Encouraging the establishment of multi-level exchange mechanisms. Stimulate all sides, governments, enterprises, scientific research bodies, and sectoral organizations to communicate and interact, share viewpoints, and promote cooperation in the digital economy. Strengthen training, research and cooperation in the area of the digital economy. Strengthen exchanges about policy formulation and legislative experiences among the “Belt-Road Initiative” countries, and share best practices. Launch the construction of digital technology capabilities, welcome and encourage the United Nations Trade and Development Committee, the United Nations Industrial Development Organization, the Organization for Economic Cooperation and Development, the International Telecommunications Union and other such international organizations to play an important role in driving international cooperation on the “Belt-Road Initiative” digital economy.
(Signed by China, Laos, Saudi Arabia, Serbia, Thailand, Turkey and the United Arab Emirates)
Chapter I: General provisions
Article 1: In order to strengthen management of content management staff in Internet news information service work units, safeguard the lawful rights and interests of staff and the social public, and stimulate the healthy and orderly development of internet news information services, on the basis of the “Cybersecurity Law of the People’s Republic of China” and the “Internet News Information Management Regulations”, these Rules are formulated. Read the rest of this entry »
Security Assessment and Management Regulations concerning New Technologies and New Applications in Internet News Information Services
Article 1: In order to standardize security assessment and management work concerning new technologies and new applications in Internet news information services, safeguard national security and the public interest, protect the lawful rights and interests of citizens, legal persons and other organizations, on the basis of the “Cybersecurity Law of the People’s Republic of China”, and the “Internet News Information Service Management Regulations”, these Regulations are formulated.
Article 2: These Regulations apply to national, provincial, autonomous region and municipal Internet information offices’ organization and execution of security assessments of new technologies and new applications concerning Internet news information services. Read the rest of this entry »
Yesterday, Xi Jinping presented his political report to the 19th Party Congress – a 32000 word behemoth comprehensively covering all areas of economic, political and social life. The report announces a new era in China’s historical progress. In CCP theory, history is divided in stages, which are characterised by various contradictions that are subordinate manifestations of one fundamental contradiction. Once that contradiction is solved, history moves to the next phase. Xi now announced that the primary contradiction is no longer the one defined by Deng Xiaoping: the tension between China’s material poverty and the needs of its population. Instead, Xi claims the major problem that must now be solved is China’s imbalanced development. In other words, GDP growth at all costs is out, in favour of a more comprehensive approach to social and economic governance. Technology will obviously play a central role in this regard, as a governance tool and a potential economic growth pole, but also as a source of potential risk and disruption. The journal China Information Security very usefully listed the excerpts referring to cybersecurity and informatization, which are translated here:
I, The work from the past five years and historical changes
Public culture service levels have incessantly risen, literature and art creation continues to flourish, cultural undertakings and cultural industries thrive and develop, Internet construction, management and use has incessantly been perfected, and the entire people’s fitness and competitive sports levels have developed comprehensively.
III, The thought and basic orientation of Socialism with Chinese Characteristics for a New Era and
(4) Persisting in new development ideas. […] Push forward the synchronized development of new kinds of industrialization, informatization, urbanization and agricultural modernization, actively participate in and promote the progress of economic globalization, and develop and ever higher-level, open economy, incessantly expand our country’s economic strength and comprehensive national strength.
(10) Persist in the overall view of national security. […] Comprehensively manage external security and internal security, territorial security and citizens’ security, traditional security and non-traditional security, our own security and common security, perfect national security structures and systems, strengthen the construction of national security capabilities, and determinedly defend the country’s sovereignty, security and development interests.
V, Implement new development ideas, build modernized economic systems
(1) Deepen supply-side structural reform. […] Accelerate the development of advanced manufacturing sectors, promote the profound convergence of the Internet, big data, artificial intelligence and the real economy, foster new growth points and create new drivers in areas such as mid- and high-end consumption, innovative leadership, greenness and low-carbon, the sharing economy, modern supply chains, human capital services and other such areas. […] Strengthen the construction of basic infrastructure networks for irrigation, railways, roads, waterways, aviation, pipelines, the electricity grid, information, logistics, etc.
(2) Accelerate the construction of an innovative country. […] Strengthen the use of basic research, expand the implementation of national major science and technology programmes, give prominence to critical and common technologies, advanced forerunner technologies, modern engineering technologies, disruptive technology innovation, in order to provide powerful support for the construction of a strong science and technology country, a strong quality country, a strong aviation country, a strong cyber country, a strong transportation country, a strong digital country and a smart society.
VII, Persist in cultural self-confidence, promote the flourishing and ascendance of Socialist culture
(1) Firmly grasp leadership power in ideological work. […] Deepen Marxist theory research and construction, accelerate the construction of philosophy and social science with Chinese characteristics, and strengthen the construction of new types of think tanks with Chinese characteristics. Give high regard to construction and innovation in means of dissemination, and raise the communication power, guiding power, influence and credibility of news and public opinion. Strengthen the construction of Internet content, establish comprehensive network governance systems, and create a clear and crisp cyber space.
VIII, Raising, guaranteeing and improving people’s living standards, strengthening and innovating social governance
(1) Giving priority to development of education. […] Promote the integrated development of urban and rural compulsory education, give high regard to rural compulsory education, run preschool education, special education and online education well, universalize education at the higher secondary stage, and strive to let every child enjoy fair and high-quality education.
(7) Effectively safeguard national security. National security is an important cornerstone to bring peace and stability to the nation, safeguarding national security is the locus of the fundamental interest of the people of all ethnicities in the entire country. We must perfect the national security strategy and national security policies, firmly safeguard national political security, and comprehensively advance security work in all areas. Complete national security systems, strengthen legal guarantees for national security, and raise capabilities to guard against and resist security risks. Closely guard against and resolutely attack all kinds of infiltration, subversive and destructive activities, violent and terrorist activities, ethnic separatist activities, and religious extremist activities. Strengthen national security education, strengthen the national security consciousness of the entire Party and the people in the entire country, and promote all of society to create and safeguard powerful polled efforts for national security.
X, Firmly march the path of a strong military with Chinese characteristics, comprehensively move national defence and military modernization forward
Adapt to new global military changes and development trends and national security demands, raise construction quality and efficiency, ensure that mechanization is basically realized by 2020, that informatization concentration sees major progress, and strategic capabilities increase greatly.
The military must prepare to wage war, all work must target the norm of combat effectiveness, the focus must be on waging war and waging war victoriously. Firmly prepare for military struggles in all strategic orientations, comprehensively advance military struggle preparation in traditional security areas and new strategic areas, develop new kinds of battle forces and protection forces, launch combat-type military training, strengthen the use of military forces, accelerate the development of military smartification, raise joint warfare capabilities and all-area warfare capabilities based on online information systems, effectively mould situations, manage and control crises, contain war, and fight war victoriously.
XII, Persist in the path of peaceful development, promote the construction of a community of common destiny for humanity.
At the same time, the world faces prominent instabilities and indeterminacies, global economic growth drivers are insufficient, the difference between rich and poor grows graver daily, regional hotspots and problems rise one after another, terrorism, cybersecurity, major epidemics, climate change and other such non-traditional security threats continue to proliferate, humanity faces many common challenges.
XIII, Unwaveringly, comprehensively and strictly govern the Party, incessantly raise the Party’s governing ability and leadership levels.
Strengthen reform and innovation skills, maintain a tenacious and enterprising spiritual bearing, be good at integrating real creativeness in moving work forward, and be good at using Internet technologies and informatized means to carry out work.