A study of over 400 administrative punishment cases sheds light on the current attitude of the Chinese government towards facial recognition and provides a scenario to assess how China’s Personal Information Protection Law would apply should the cases occur today.
Under China’s People's Assessors Law, the assessors in a seven-person collegial bench can only participate in the fact-finding, but not the application of law. The newly issued replies from the SPC and MOJ clarify how the collegial bench shall produce a list of issues on the fact-finding, so as to sure the proper distinction between legal matters and factual matters.
In July 2021, China’s Supreme People’s Court issued the “English Translation of Organizations, Positions and Workplaces of the People’s Court”, standardizing the relevant English translations.
In August 2020, the Intellectual Property Court of China’s Supreme People’s Court (SPC) issued, in Huawei v. Conversant (2019), the first-ever conduct preservation order as equivalent to anti-suit injunctions in China’s IP-related litigation.
In May 2020, the New South Wales Supreme Court, Australia, ruled in Bao v Qu; Tian (2020), marking the first case for New South Wales of Australia to enforce a monetary judgment made by a Chinese court.
Several Provisions of the Supreme People’s Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Infringement upon the Right to New Plant Varieties (II) (最高人民法院关于审理侵害植物新品种权纠纷案件具体应用法律问题的若干规定(二)) were promulgated on 5 July 2021, and entered into force on 7 July 2021.
Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving the Use of Facial Recognition Technologies to Process Personal Information (最高人民法院关于审理使用人脸识别技术处理个人信息相关民事案件适用法律若干问题的规定) were promulgated on 27 July 2021, and entered into force on 1 Aug. 2021.