Implementation time of personal information protection law

When will the Personal Information Protection Law be implemented?

When will the Personal Information Protection Law take effect? Effective on June 1 65438+1October1day. It is a law that comprehensively regulates the protection of personal information and fully responds to social concerns. When will the Personal Information Protection Law be implemented? Come and have a look with me.

When will the Personal Information Protection Law come into effect 1? On August 20th, the 30th meeting of the 13th the National People's Congress Standing Committee (NPCSC) passed the Law on the Protection of Personal Information in People's Republic of China (PRC), which came into effect from 202 1 to 1.

The Law of People's Republic of China (PRC) on the Protection of Personal Information clearly stipulates that:

Information push and commercial marketing to individuals through automated decision-making should provide options that are not specific to their personal characteristics or provide convenient refusal methods;

Handling sensitive personal information, such as biometrics, medical care, financial accounts and whereabouts, should obtain personal consent;

Applications that illegally handle personal information shall be ordered to suspend or terminate the provision of services.

IT House understands that Article 74 of Chapter 8 of the Personal Information Protection Law further refines and perfects the principles to be followed in personal information protection and the rules for personal information processing on the basis of relevant laws.

Ten highlights:

Establish the principle of personal information protection. This is the basic principle of collecting and using personal information, and it is also the institutional basis for constructing specific rules for personal information protection. The Law on the Protection of Personal Information emphasizes that the handling of personal information should follow the principles of legality, fairness, necessity, honesty and credibility, have a clear and reasonable purpose and be directly related to the purpose of handling, adopt a method that has the least impact on personal rights and interests, limit it to the minimum scope of the purpose of handling, make public the handling rules, ensure the quality of information, and take safety protection measures.

Standardize handling behavior and protect rights and interests. The Law on the Protection of Personal Information closely focuses on regulating personal information processing activities and protecting personal information rights and interests, and constructs personal information processing rules with "notification-consent" as the core. For example, personal consent should be obtained on the premise of fully informing personal information in advance, and important matters of personal information processing should be informed to individuals again and obtained consent.

It is forbidden to "kill big data" and standardize automated decision-making. At present, more and more enterprises use big data to analyze and evaluate consumers' personal characteristics for commercial marketing, the most typical of which is the "big data killing" with outstanding social reflection. In this regard, the "Personal Information Protection Law" stipulates that personal information processors should ensure the transparency of decision-making and the fairness and justice of the results when using personal information, and must not treat individuals unreasonably in terms of transaction conditions such as transaction prices.

Strictly protect sensitive personal information. The Law on the Protection of Personal Information stipulates that sensitive personal information can only be processed with a specific purpose and sufficient necessity, and strict protection measures are taken. At the same time, the impact assessment should be made in advance, and the necessity of personal treatment and the impact on their rights and interests should be informed. In addition, the Personal Information Protection Law recognizes the personal information of minors under the age of 14 as sensitive personal information and strictly protects it.

Standardize the handling activities of state organs. The Law on the Protection of Personal Information stipulates the activities of state organs in handling personal information, with particular emphasis on the application of this law to the activities of state organs in handling personal information. The handling of personal information shall be carried out in accordance with the authority and procedures stipulated by laws and administrative regulations, and shall not exceed the scope and limits necessary for performing statutory duties.

Give individuals full rights. The Personal Information Protection Law promotes individuals' rights in personal information processing activities to the right to know and decide, and clarifies that individuals have the right to restrict personal information processing; At the same time, it is required that personal information processors should provide individuals with ways to transfer their personal information under the conditions stipulated by the national network information department. In addition, the Personal Information Protection Law also makes special provisions on the protection of the personal information of the deceased.

Strengthen the obligations of personal information processors. The Law on the Protection of Personal Information clarifies the obligations of personal information processors such as compliance management and protection of personal information security, and requires them to formulate internal management systems and operating procedures in accordance with regulations, take corresponding safety technical measures, designate responsible persons to supervise their personal information processing activities, conduct compliance audits on their personal information processing activities on a regular basis, conduct pre-impact assessments on high-risk processing activities such as handling sensitive personal information, make automatic decisions by using personal information, provide or disclose personal information to the outside world, and fulfill their obligations of disclosure, notification and relief.

Give special obligations to large-scale network platforms. The Law on the Protection of Personal Information sets special personal information protection obligations for large Internet platforms: establish and improve a compliance system for personal information protection in accordance with state regulations, and set up an independent organization mainly composed of external members to supervise the protection of personal information; Follow the principles of openness, fairness and justice, and formulate platform rules; Stop providing services to product or service providers who deal with personal information seriously and illegally in the platform; Regularly publish social responsibility reports on personal information protection and accept social supervision.

Standardize the cross-border flow of personal information. Nowadays, the cross-border flow of personal information is becoming more and more frequent. However, due to the geographical distance and the differences in legal systems and protection levels in different countries, the risk of cross-border flow of personal information is becoming more and more difficult to control. The Law on the Protection of Personal Information establishes a set of clear and systematic rules for the cross-border flow of personal information to meet the objective requirements of protecting personal information rights and interests and the practical needs of international economic and trade exchanges.

Improve the working mechanism of personal information protection. The law clarifies that the national network information department and the relevant departments of the State Council are responsible for the protection, supervision and management of personal information within their respective responsibilities, and at the same time stipulates the responsibilities of personal information protection and supervision, including carrying out publicity and education on personal information protection, guiding and supervising personal information protection, accepting and handling relevant complaints and reports, organizing application evaluation, and investigating illegal personal information processing activities.

When will the Personal Information Protection Law take effect? 2 People's Republic of China (PRC) Personal Information Protection Law (1 1) will come into effect soon. It is a law that comprehensively regulates the protection of personal information and fully responds to social concerns.

According to the data in the Statistical Report on Internet Development in China, as of June this year, the number of netizens in China has reached101/kloc-0,000,000, with 4.22 million Internet websites and 3.02 million applications. The collection and use of personal information is more and more extensive, and the protection of personal information has become one of the most concerned interest issues in society.

What impact does the implementation of the Personal Information Protection Law have on online life? What are the support guarantees for personal information protection? "Mingzai", a native of Guangdong Province, presented her story, combined with her own experience and situation, and compared with the contents of relevant laws and regulations, and shared several key cases.

No one may illegally collect or use other people's personal information.

On April 2 1 this year, Mingzai read a report in Yangcheng Evening News: Since June 2020, Jiang, Wu Mou, Peng, Wang and Liu have been in Room A115, an apartment in Guangzhou Road, taking Jiang as the boss and buying 58 websites in the same city from others. After auditing, Jiang and others illegally obtained and sold 42,790 personal information (including names, telephone numbers, etc.).

It was found that Guangzhou Baiyun District People's Court sentenced the defendant Jiang and other five people to illegally obtain and sell citizens' personal information in violation of national laws and regulations, and the circumstances were serious, which constituted the crime of infringing citizens' personal information. Jiang was the principal offender and the other four were accomplices. The court sentenced Jiang to two years in prison and fined him 30 thousand yuan; The remaining defendants were sentenced to fixed-term imprisonment ranging from one year and two months to ten months, and fined.

■ Law stipulates that Article 10 of the Personal Information Protection Law stipulates that no organization or individual may illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information; Do not engage in personal information processing activities that endanger national security and public interests.

In six cases, personal consent is not required to process personal information.

Mingzai's friend started a business and secretly operated illegally. Later, a media exposed the illegal behavior of the enterprise, and disclosed the name of the enterprise and the name, gender and operation of the enterprise under the name of the legal representative (that is, Zi Ming's friend) in the report. Mingzai's friends think that media reports infringe on his legal rights of personal information. Then, according to the personal information protection law, is the behavior of the media illegal?

■ Law stipulates that Article 13 of the Law on the Protection of Personal Information stipulates that personal information processors can only process personal information if they meet one of the following conditions-(1) obtain personal consent; (2) It is necessary to sign and perform a contract in which an individual is a party, or it is necessary to implement human resource management in accordance with the labor rules and regulations formulated according to law and the collective contract signed according to law; (3) It is necessary to perform legal duties or obligations; (4) It is necessary for responding to public health emergencies or protecting the life, health and property safety of natural persons in emergencies; (five) to carry out news reports, supervision by public opinion and other acts that are beneficial to the public, and to handle personal information within a reasonable range; (6) Handling personal information disclosed by individuals themselves or other personal information disclosed according to law within a reasonable range in accordance with the provisions of this Law; (seven) other circumstances stipulated by laws and administrative regulations. In accordance with other relevant provisions of this law, personal consent shall be obtained for the handling of personal information, but it is not necessary to obtain personal consent in the circumstances specified in items 2 to 7 of the preceding paragraph.

Personal information collectors shall not collect personal information excessively.

In life, Ziming downloaded many different types of applications. However, he found that if it was set to "disagree with its format terms" on the registration page, some applications could not enter the "next step". Zi Ming said that some of these format terms are excessive and have nothing to do with the purpose of using the APP. For example, asking the user to authorize to view the address book really doesn't want to "agree".

■ The law stipulates that Article 6 of the Personal Information Protection Law stipulates that personal information should be handled with a clear and reasonable purpose, which should be directly related to the purpose of processing, and in a way that has the least impact on personal rights and interests. Personal information should be collected for the purpose of processing, limited to a minimum range, and personal information should not be collected excessively.

Article 16 stipulates that personal information processors shall not refuse to provide products or services on the grounds that individuals do not agree to process their personal information or withdraw their consent; Processing personal information is not necessary to provide products or services.

Unreasonable differential treatment shall not be implemented in the transaction price.

In recent years, Ziming has frequently seen news of "big data killing". For example, Mingzai said that Ms. Zhou, who lives in Beijing, is going to take her family to Hainan in the summer vacation. In order to save money, Ms. Zhou began to pay attention to flight dynamics and price information through an online travel platform one month in advance. What she didn't expect was that her careful planning was actually "targeted" by platform big data.

"The first search for air tickets is a price, and the price will go up after a while." Ms. Zhou said that the final order fare was nearly 1000 yuan higher than the initial search fare, but the price of the same flight booked by a friend on the same day was several hundred yuan lower than her own. Even considering the price changes caused by the remaining air tickets and other factors, I "obviously got a big data knife."

■ Legal Provisions Article 24 of the Law on the Protection of Personal Information stipulates that personal information processors should ensure the transparency of decision-making and the fairness and justice of the results when using personal information for automatic decision-making, and must not give unreasonable differential treatment to individuals on transaction conditions such as transaction price. Information push and commercial marketing to individuals through automated decision-making methods should provide options that are not specific to their personal characteristics, or provide convenient refusal methods to individuals. When making decisions that have a significant impact on personal rights and interests through automated decision-making, individuals have the right to ask the personal information processor to make explanations and have the right to refuse the personal information processor to make decisions only through automated decision-making.

Personal information collected by "brushing your face" in public places shall not be used for other purposes.

Mingzai needs to "brush his face" to go to work before he can pass through the gate of the building where the company is located. He usually goes to some scenic spots and will also be asked to "brush his face" to identify. He was surprised: Does the Personal Information Protection Law stipulate the handling of personal "face" information in these public places?

■ Legal Provisions Article 26 of the Personal Information Protection Law stipulates that the installation of image acquisition and personal identification equipment in public places should be necessary for maintaining the safety of public places, comply with relevant state regulations, and set up eye-catching warning signs. Personal images and identity information collected can only be used for the purpose of maintaining public safety, and shall not be used for other purposes; Unless you get personal consent.

Personal consent should be obtained for handling sensitive personal information.

Mingzai's children go to kindergarten. He often sees some interest training institutions near the kindergarten to attract customers. Some interest training institutions let parents register personal information and children's identity information, and send gifts as long as they register. Zi Ming thinks it is inappropriate to register children's information in too much detail.

■ Law stipulates that Article 28 of the Law on the Protection of Personal Information stipulates that sensitive personal information refers to personal information that, once leaked or illegally used, will easily lead to infringement on the personal dignity of natural persons or harm to personal and property safety, including biometric identification, religious belief, specific identity, medical and health care, financial accounts, whereabouts and personal information of minors under 14 years old. Only when there is a specific purpose and sufficient necessity, and strict protection measures are taken, can personal information processors handle sensitive personal information.

The law also stipulates that the handling of personal sensitive information should obtain the individual's separate consent. If the laws and administrative regulations stipulate that the handling of personal sensitive information should obtain the written consent, such provisions shall prevail.

Article 3 1 stipulates that when processing personal information of minors under the age of 14, the personal information processor shall obtain the consent of the parents or other guardians of minors; When dealing with the personal information of minors under the age of 14, special rules for handling personal information should be formulated.

Violate the personal information protection law or be fined one million yuan.

If the punishment is weak, the regulations will be "soft". What responsibilities will relevant organizations and individuals bear if they violate the personal information protection law? Zi Ming questioned this.

According to the relevant provisions of the Law on the Protection of Personal Information, if the department performing the duty of personal information protection finds that there are significant risks or personal information security incidents in personal information processing activities, it can interview the legal representative or principal responsible person of the personal information processor according to the prescribed authority and procedures, or ask the personal information processor to entrust a professional organization to conduct compliance audit on its personal information processing activities. Ordering to suspend or terminate the provision of services for applications that illegally handle personal information; Refuses to correct, impose a fine of one million yuan; The directly responsible person in charge and other directly responsible personnel shall be fined 1 more than 10,000 yuan1less than 0,000 yuan.

The law also stipulates that personal information processing infringes on personal information rights and interests, and if the personal information processor cannot prove that he is not at fault, he shall bear tort liability such as damages. Any illegal act as stipulated in this Law shall be recorded in the credit file and publicized in accordance with the provisions of relevant laws and administrative regulations; If it constitutes a violation of public security administration, it shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

The newly revised Law of People's Republic of China (PRC) on the Protection of Minors has been implemented since June 20021. In order to protect the physical and mental health of minors, safeguard their legitimate rights and interests, promote their all-round development in moral, intellectual, physical, aesthetic and labor, train socialist builders and successors with ideals, morality, culture and discipline, and train new people in charge of national rejuvenation, this Law is formulated in accordance with the Constitution. Minors mentioned in this Law refer to citizens under the age of 18. The state guarantees minors' rights to subsistence, development, protection and participation. Minors enjoy all rights equally according to law, and are not discriminated against because of nationality, race, sex, household registration, occupation, religious belief, education level, family status and physical and mental health.

Legal basis:

Article 4 of the Law of People's Republic of China (PRC) on the Protection of Minors adheres to the principle of meeting the best interests of minors. _ Handling minor matters shall meet the following requirements: (1) Giving special and priority protection to minors; (2) Respecting the personal dignity of minors; (3) Protecting the privacy and personal information of minors; (four) to adapt to the laws and characteristics of the healthy development of minors; (five) to listen to the opinions of minors; (6) Combination of protection and education.