ANNOUNCEMENT 01 Feb 2013In February 2013, the government of China announced a change in the required local operations to serve domestic customers.
NUMBER OF INTERVENTIONS
Greenleaf, Graham and Tian, George, China Expands Data Protection through 2013 Guidelines: A 'Third Line' for Personal Information Protection (With a Translation of the Guidelines) (April 16, 2013). Privacy Laws & Business International Report, Issue 122, 1, 4-6, April 2013; UNSW Law Research Paper No. 2013-37; UTS: Law Research Paper No. 2014/15. Available at SSRN: http://ssrn.com/abstract=2280037
Contains a translation (pp. 7--18) of the Guidelines for Personal Information Protection, written by Dr George Yijun Tian, Senior Lecturer in Law, University of Technology, Sydney
On 1 February 2013 entered into force the following data localisation requirement, contained in "Information Security Technology - Guidelines for Personal Information Protection Within Public and Commercial Services Information Systems", prepared by the Ministry of Industry and Information Technology (MIIT) Standardization Administration. Article 5.4.5 prohibits the transfer of personal data abroad without explicit consent of either the data owner or the state:
'Absent expressed consent of the subject of the personal information, or explicit legal or regulatory permission, or absent the consent of the competent authorities, the administrator of personal information shall not transfer the personal information to any overseas receiver of personal information, including any individuals located overseas or any organizations and institutions registered overseas.'