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Data Regulation of the Shenzhen Special Economic Zone

Tue, 07 Sep 2021
Categories: Insights

Data Regulations of Shenzhen Special Economic Zone were promulgated on 6 July 2021, and will enter into force on 1 Jan. 2022.

There are 100 articles in total. The Regulations aim to regulate data processing activities and accelerate the construction of the digital economy, digital society, and digital government.

  1. Natural persons shall enjoy the personality rights and interests over personal data as stipulated by laws, administrative regulations, and the Regulations. The processing of personal data shall have a clear and reasonable purpose and follow the principles of minimum necessity and reasonable duration.

  2. When it comes to processing biometric data, the processing of other non-biometric data shall be provided as the alternative solution with the express consent of the natural person concerned, except where the biometric data is necessary for processing personal data and cannot be replaced by other personal data.

  3. The processing of personal data of juveniles below the age of 14 shall be subject to the relevant provisions on the processing of sensitive personal data, and data processors shall obtain the express consent of their guardians before the processing. When processing personal data of adults without or with limited civil conduct capacity, data processors shall obtain the express consent of their guardians before the processing.

  4. Where the processing of data in violation of the Regulations damages national or public interests, the organizations prescribed by laws and regulations may initiate civil public interest litigation in accordance with law. Where an organization prescribed by laws and regulations initiates civil public interest litigation, the people’s procuratorate may support such litigation if it deems necessary.

 

 

Cover Photo by Chengwei Hu (https://unsplash.com/@chengwei) on Unsplash

Contributors: CJO Staff Contributors Team

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