China: Personal Information Protection Law (Draft) Is Released for Public Comments

The Personal Information Protection Law (Draft) (the “Draft”) has been officially released for public comments. The Draft has set the principles in handling personal information.  For example, processing personal information shall be conducted in a legal and proper way for explicit and reasonable purpose; handling personal information shall be limited to the minimum scope to achieve the processing purpose; the rules for processing personal information shall be publicized; accuracy of the information shall be ensured and protective measures shall be taken etc.  The Draft also clarifies that, personal information processors have obligations of managing the information in a compliant manner and ensuring its security, including requiring the processors to formulate internal management systems, adopting corresponding security technical measures, designating responsible personnel to supervise personal information handling, conducting regular compliance audits on activities involving personal information, making prior risk assessments for high-risk processing activities such as handling sensitive personal information and providing personal information overseas, and performing obligations of remedy and notification when there is leakage of personal information etc.

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