ANNOUNCEMENT 11 Apr 2017

April 11th, 2017 - The Chinese government announced a change to its cross-border data transfer policy.

NUMBER OF INTERVENTIONS

1

  • 1 harmful
  • 0 neutral
  • 0 liberalising

SOURCE

Cyberspace Administration of China, 11th April 2017. (国家互联网信息办公室关于《个人信息和重要数据出境安全评估办法(征求意见稿)》公开征求意见的通知)
http://www.cac.gov.cn/2017-04/11/c_1120785691.htm

Inception date: 11 May 2017 | Removal date: open ended

Local operations

The Cyberspace Administration of China announced a draft law in April 2017, which states that all data being transferred overseas with a size of over 1,000GB or affecting more than 500,000 inividuals must be submitted for inspection by the relevant authorities, to determine if it affects national security. If so, the data must stay in China.

The official criteria for offending data are below:

  • Personal information being transferred without consent of affected individuals
  • Data that poses a risk to national political, economic, scientific, technical, defence or 'other security' and/or may harm 'social and public interests'
  • Data from the State Council, Ministry of Public Security, or other related ministries' data that is not permitted for export

This may affect foriegn firms' operations between Chinese and other international branches, as the criteria are rather vague and open to interpretation.

The draft law comes into effect on May 11th, 2017, until which point citizens may send their 'comments' to the CAC for consideration.

AFFECTED PRODUCTS

 
N/A