Non-State institutions

Personal Information Protection Law (Expert Suggestion Draft)

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Editorial note:

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 gexinde@126.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 »

Proposal on Personal Information Protection

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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. 

个人信息保护倡议书

随着移动互联网和大数据的快速发展,我国网民个人信息泄露的规模和影响越来越大,严重侵犯网民权益,损害公共利益,受到政府主管部门的高度重视和社会各界的广泛关注。为保护网民个人信息安全,维护网民合法权益,引导互联网企业规范地收集、存储及使用个人信息,促进相关法律法规的贯彻落实,推动互联网行业健康可持续发展,中国互联网协会向全国互联网业界发出如下倡议:

  一、严格遵守国家和行业主管部门制定的各项法律法规,以及中国互联网协会发布的行业自律公约,配合政府有关部门依法打击网络泄露个人信息的行为。

  二、加强行业自律,承担企业社会责任,强化对网站、论坛、微博、即时通信、电子商务等互动平台的审核和管理,及时发现、清理网上泄露的个人信息,不为泄露信息提供传播渠道,保护网民的合法权益。

  三、健全监督举报机制,积极响应网民在个人信息保护方面的诉求,及时向网民反馈处理结果,对公众反映的问题认真整改,提高网络服务质量,营造安全诚信的网络环境。

  四、加强对从业人员的职业教育,提高从业人员对个人信息保护的认识,要求从业人员认真履行法律责任,遵守法律规定,落实法律法规对个人信息保护方面的要求。

  五、强化网络安全防护能力,防止数据库和用户信息被窃取。如发现用户信息泄露等网络安全事件,及时向公安机关及政府有关部门报告,采取有效措施弥补网络安全漏洞,保护数据信息安全。

  六、加强宣传,提高网民对钓鱼、诈骗等网络违法和不良信息的识别判断能力,加强网民对网络智能终端的了解和应用水平,强化个人信息保护意识,防止个人信息泄露。

  中国互联网协会

  2018年9月14日

  附:防范个人信息泄露小妙招

  1、不要注册来源不明网站,谨慎使用手机号码注册。

  2、不扫描来历不明的二维码,不安装来历不明的程序。

  3、淘汰的电子产品信息销毁要彻底,防止不法分子恢复数据。

  4、带有个人信息的纸张单据处理需谨慎,要抹掉隐私信息。

  5、避免在社交软件上泄露过多个人信息,防止不法分子利用。

  6、慎用公共场所免费WiFi,防止用户名、密码泄露。

  7、不要点击短信和邮件中的链接,以免被“钓鱼”。

  8、不同软件不要使用同一组账号密码,以免造成严重损失。

Proposal on Upholding Cyber and Information Security

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On 6 February, the Central Leading Group for Cybersecurity and Informatization and China Mobile jointly organized a nationwide conference for cyber and information security, at which China Telecom, China Mobile, People’s Daily Online, Xinhua Online, Qihoo 360 and other such Internet and information technology firms committed to new list of proposals concerning reforming the online environment. These documents mostly have symbolic value, but demonstrate the continuing pressure on enterprises to “identify with” (rentong ) the State’s objectives.

Since the 18th Party Congress, and especially since the establishment of the Central Leading Group for Cybersecurity and Informatization, the Centre has put forward a series of major policies and strategic deployments concerning cybersecurity and informatization work, greatly inspiring internet and information technology enterprises as well as sectoral organizations nationwide. Everyone deeply feels major responsibilities, and shall dare to undertake work, act vigorously, give rein to their own superiorities, and truly make even greater contributions to safeguarding our country’s cyber and information security. To this end, the Chinese Cyberspace Security Association, together with all Internet and information technology enterprises and sectoral organizations publish the following proposal: Read the rest of this entry »

Beijing Municipality Self-Discipline Convention on Internet Application Programmes and Public Information Services

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This convention was announced on 26 November 2014. According to Xinhua, it was signed by over 50 websites, including Sina, Netease and Sohu. In the Xinhua report, the names of companies such as Baidu and Tencent are conspicuously absent. I have not been able to verify whether they have signed this document or not. 

Following the swift development of the mobile Internet, mobile Internet application programmes (hereafter named apps) have been applied increasingly broadly in areas such as information publication, commercial marketing, social interaction, etc., and their influence in areas such as cultural dissemination, economic growth and social development is growing increasingly large. At the same time, a number of unlawful and harmful phenomena have appeared, such as the use of apps to publish false information, disseminate online rumours, infringe users’ privacy, conduct illegal trading, disseminate obscene and vulgar information, etc., this gravely harms the lawful rights and interests of consumers, and gravely disorders the Internet information dissemination order. In order to standardize and guide apps and public information service activities, promote the healthy and orderly development of the app sector, and stimulate social harmony and national development, this Convention is formulated. Read the rest of this entry »

Monitoring and Evaluation Standards for the Protection of Personal Information by Internet Enterprises

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(Chinese Law Association on Science and Technology, Peking University Institute for Internet Law)

Official Version 1.0

I, Purpose

These Standards are formulated in order to implement the “NPC Standing Committee Decision concerning Strengthening the Protection of Online Information”, the “Law for the Protection of Consumer Rights and Interests”, the “Telecommunications and Internet User Personal Information Protection Regulations”, the “Online Trading Management Rules” and other normative and legal documents concerning the protection of personal information, safeguard users’ lawful rights and interests and standardize Internet enterprises’ personal information processing activities, and in order to realize a balance between the protection and use of personal information for the benign development of the industry. Read the rest of this entry »

The Controversy on the Preamble to the Constitution and Its Effects

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Zhang Qianfan, Yanhuang Chunqiu

Apart from a few countries such as the United Kingdom, etc., at present, more than two hundred countries and regions in the world all have their own written constitutions. The absolute majority of federal countries also have more than a constitution, for example, the Unites States has as much as 51 constitutions, apart from the federal Constitution, and every state has its own constitution. Constitutions are the basic fundamental law of a country; their highest authority is reflected in the clauses provided in its texts. Furthermore, many written constitutions have a preamble. Whether or not the preamble to a constitution has a legal effect similar to that of the text itself, is disputed in international legal circles and domestic legal circles, and has not yet been determined.

Read the rest of this entry »

The “Chinese Dream” and the Choice of the Path of Democratic Politics

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Red Flag Manuscript

The Chinese Dream of national rejuvenation is a major strategic thought collectively put forward by the central leaders, and is a political declaration for the future development of the Party and the country. Realizing the “Chinese Dream” requires a choice for the correct democratic political path. Recently, in the discussion concerning the “Chinese Dream”, constitutional governance has become a focus point again. In the view of some, the “Chinese Dream” is the “dream of constitutional governance”: constitutional governance represents the future of China, the orientation of constitutional governance is the path for political structural reform in China, constitutional governance and democracy are the highest interests of the country. In the present public opinion discourse, the “dream of constitutional governance” may express the longing of a few wordsmiths for a beautiful life. But, longing is one thing, the process of realization is a different matter. The ““Chinese Dream”” clearly is not something that can be described with the single term “constitutional governance”, and it cannot be substituted with “dream of constitutional governance”.  Read the rest of this entry »

Clearly Understanding the Essence of “Constitutional Governance”

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Zhengzhi Xue

– The term “constitutional governance”, regardless of whether it is discussed as a theoretical concept or as an institutional practice, refers to the implementation of a bourgeois constitution.

– The direction that “constitutional governance” advocates is extremely clear, it is that we must abolish the leadership of the Communist Party in China, and overthrow the Socialist regime.

– “Constitutional governance” cannot be made into a basic political concept for our country, this would be falling into the “discourse trap” that is hidden behind it.

In recent years, Western thinking about constitutional governance and constitutional governance institutions have become a topic that gained much attention in our country’s legal scholarship circles and political science circles, and it became hot for a while to discuss constitutional governance. In some discussions, a number of people advocated the indiscriminate copying of Western constitutional governance systems, the implementation of a multi-Party system, parliamentary democracy and a tripartite separation of power, under the guise that constitutional governance does not differentiate between East and West, or under the disguise of “universal values”. These viewpoints are mistaken in theory, and are harmful in practice. There are also academics putting forward that we may discuss “Socialist constitutional governance”, which is different from the so-called “capitalist constitutional governance”, this is a formulation that is apparently right but actually wrong, and there are also deviations in understanding. Read the rest of this entry »

Long-Standing Mistakes in Understanding “A Century of Constitutional Governance”

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Guo Shiyou, Yanhuang Chunqiu

If we say that the last 12 years of the Qing Dynasty were one of the most complex periods in Chinese history, then 1905 is one of the most important years of that time. It was in that year that the result was declared in the Russian-Japanese War, in which the constitutional monarchy Japan defeated the absolute monarchy Russia, the United League of China, which swore to overthrow the Qing Dynasty, was established in Tokyo, the Empress Dowager Cixi, who suppressed the Hundred Days of Reform with her own hands gave the idea to Emperor Guangxu, to, on the one hand, declare the abolition of the imperial examination system that had lasted for 1300 years in China, and on the other hand, to send Zaize and five other ministers on an unprecedented trip to both the Easter and Western seas, in order to observe and study foreign countries’ constitutional governance, and announced the next year that “constitutional governance patterned after [these countries] is being prepared”, in August 1908, a commitment was made to institute constitutional monarchy within nine years, the “Imperial Constitutional Outline” that attracted worldwide attention appeared soon after. In another three years, the gunfire of the Wuchang Uprising spurred the tide of the Xinhai Revolution, and the constitutional monarchy plans of the Qing Dynasty “for all ages” vanished like a bubble. Until the foundation of the Republic, there was frequent change of masters, the text of the Constitution was incessantly renewed, the result of constitutional governance remained slow in coming time and time again, it never attained the desired goal up to the present, the calls for constitutional governance from the knowledge elite are sometimes hidden, and sometimes emerge, it is a ceaseless path. More than a hundred years have passed since the late Qing constitutional governance observation mission visited foreign countries, the rivers and mountains are unrecognizable, the dream of constitutional governance, however, lingers in the Divine Land, without ever being forgotten. Looking back at the figures of the sages of the modern era who endured great hardships in pioneering work and fought bloody battles, it is hard to avoid that all sorts of feelings well up in one’s mind. Read the rest of this entry »

Transmitting Positive Energy to Realize the Chinese Dream with a Strong Sense of Social Responsibility – A Pledge

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Taking on the social responsibility for beating the drums and cheering for the realization of the Chinese dream, is the great trust of the times that the Party and the people have entrusted to news media, is the sublime pursuit of the present news workers, and is an important pillar for the Chinese nation to build the Chinese dream with one heart. The broad news workers must consciously implement their duty and mission, and provide strong spiritual drivers and ideological guarantees for realizing the great rejuvenation of the Chinese nation. To this end, we pledge to:

I, Sing in the strongest voice about realizing the Chinese dream. We must sign the main melody of the times, transmit positive social energy, and expand the mainstream public opinion field. Forcefully propagate that realizing the wealth and strength of the country, the vitalization of the nation and the happiness of the people are the common aspiration of all the people of all ethnicities in the entire country, deeply expound that to realize the Chinese dream, we must walk a Chinese path, carry forward a Chinese spirit, and concentrate Chinese forces, guide and encourage the broad popular masses to incessantly strive to create an even happier and more beautiful future for the Chinese people and the Chinese nation. Read the rest of this entry »

Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems

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Includes explanatory notes published by the Ministry of Industry and Information Technology.

Our country’s first national personal information protection standards, the “Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems” will be implemented from 1 February 2013. The said standard’s clearest characteristic is that, before sensitive personal information is collected and used, the clear authorization of the subject of that personal information must be obtained in advance.

The Ministry of Industry and Information Technology Information Security Coordination Department’s vice-director Ouyang Wu said, at a teaching meeting on national standards for personal information protection, that these standards are put forward and specifically organized by the National Information Security Standardization Technology Committee, the China Software Observation Centre took the lead in formulating them jointly with many work units. The said standards are our country’s first national standards concerning personal information protection, and were published last year in November. Read the rest of this entry »

The Constitution is the Consensus for Political Structural Reform

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Yanhuang Chunqiu

After more than three decades of reform, the trouble of political reform lagging behind economic reform becomes clearer every day, factors leading to social instability progressively accumulate, pushing forward political structural reform is a vital matter of immediate urgency. But opinions vary on how to conduct structural political reform, and so far, there is no consensus. An old saying says: act after plans have been determined. Without consensus, how can plans be determined? Therefore, our current political reform has “safety” in excess, but lacks “vigour”. Read the rest of this entry »

The Chinese Dream, the Dream of Constitutional Governance

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Southern Weekend

Between heaven and earth, time blossoms.

This is our first meeting in 2013, we hope you have been lit up by dreams.

In 2012, you guarded your own life, they defended their own work. Defending their work meant that they defended the dreams in their lives.

In 2012, the buzz about constitutional governance reverberated around the Imperial Halls: “The life of the Constitution lies in its implementation, the authority of the Constitution lies also in its implementation.” We expect that the Constitution will grow teeth, and that constitutional governance will be born soon. Only in this way will it be possible to accomplish this difficult transition of an ancient country to which time has brought great change. Today, the time has come to fulfil dreams. Having undergone the nightmare of the “Cultural Revolution”, where constitutional governance was lost, we have spent thirty years of time to progressively return to logical thinking and common sense. From the remunerative contract responsibility system to individual small business, from township and village enterprises  to “people’s enterprises”, the right of compatriots to autonomously arrange their lives has been slightly returned, we have created flourishing cities, and harvested food to fill warehouses. Read the rest of this entry »

Self-Discipline Convention for Internet Search Engine Services

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Chapter I: General provisions

Article 1: In order to standardize Internet search engine services, protect the lawful rights and interests of Internet users, safeguard a reasonable and orderly market order with fair competition, and stimulate the sustained and healthy development of our country’s Internet search engine sector, this Convention is formulated.

Article 2: Internet search engine services as named in this Convention refers to Services where Internet service providers use specific computer procedures to provide online information searches to users through keywords and other search methods. Read the rest of this entry »

China Network Audiovisual Programme Service Self-Discipline Convention

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(Passed at the 1st meeting of 2012 of the China Network Audiovisual Programme Service Association Council on 13 July 2012)

Chapter I: General Principles

Article 1: In order to stimulate the sustainable development of our country’s network audiovisual programme service business, let network culture flourish, safeguard a healthy and orderly sector order, this Convention is formulated. Read the rest of this entry »

Six Major Challenges that Our Country’s Ideological Construction Faces at Present

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Party Building”, July 2012, Ren Jie

–       Firmly occupy the ideological battlefield is both where the core interest of the country lies, and an important chip in the international contest of strength.

–       In the present world, vying for the power of discourse, the power of network control, the power of information dissemination, the power of regulation formulation, the power of cultural leadership and other “soft powers” have become the focus point for competition in comprehensive national strength.

–       The fight for mastery and trial of strength in the ideological area will never disappear, the task of strengthening our country’s mainstream ideology construction is huge. Read the rest of this entry »

Sina Weibo Community Pact (Trial)

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In order to establish a harmonious, rule of law and healthy network environment, safeguard the order of the Sina Weibo community, and even better guarantee the lawful rights and interests of users, Sina Weibo has formulated this Pact together with users. Read the rest of this entry »

Sina Weibo Community Committee System (Trial)

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Chapter I: General provisions

Article 1: In order to safeguard Sina Weibo community order, even better guarantee users’ lawful rights and interests, The Sina Weibo Community Management Centre (hereafter designated as “the Web Site”), has formulated this System according to the “Sina Weibo Community Pact “Trial”). Read the rest of this entry »

Sina Weibo Community Management Regulations (Trial)

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Chapter I: General provisions

Article 1: In order to safeguard the order of the Sino Weibo community, even better guarantee the lawful rights and interests of users, Sina Weibo Community Management Centre (hereafter designated as “the Web Site” has formulated these Regulations on the basis of existing laws and regulations and the “Sina Weibo Community Pact (Trial)”. Read the rest of this entry »

Internet Society of China Proposal Letter on Resisting Online Rumours

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Following the rapid development of information and telecommunications technology, the Internet has become an important platform for the expression of the popular will, and has a positive influence on the economy, politics, culture, and the people’s lives and production. At the same time, it should be noted that harmful and untrue information still exists online, which influences the healthy development of society, especially the communication of online rumours recently has become a major social nuisance, which gravely harms citizens’ rights and interests, harms the public interests and endangers national security and social stability. Jointly resisting rumours and creating a healthy and civilized online environment have become problems attracting the common concern of all walks of society. In order to resist online rumours and create a healthy and civilized online environment, and to promote the healthy and sustainable development of the Internet sector, the Internet Society of China puts forward the following proposals to the Internet circles of the entire country. Read the rest of this entry »