In May 2023, the Cyberspace Administration of China (CAC) issued the “Guidelines for the Filing of Standard Contracts for the Outbound Transfer of Personal Information (First Edition)”, providing specific requirements for the methods, procedures, and materials for filing standard contracts for the outbound transfer of personal information.
Personal Data Protection in China 个人数据保护
In February 2023, the Cyberspace Administration of China issued the “Measures for Standard Contract for Personal Information Export” and the "Standard Contract for Personal Information Export”.
Seizure of electronic storage devices and electronic data extraction are the two statutory methods. It is also noteworthy that different approaches would apply when it comes to collection of the electronic data located in China and of that located outside of China.
Diverging views among Chinese local courts are expressed on the question of whether the disclosure of Chinese judgments infringes the privacy of the parties.
China's Personal Information Protection Law (个人信息保护法), enacted in August 2021, draws the boundaries for Internet platforms conducting automated decision-making through algorithms.
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.
In 2021, China's Supreme Court's newly issued judicial interpretation on places stricter restrictions on facial recognition technology so as to protect the individuals' facial information.
It may be one of the strictest personal information protection legislation worldwide.
In practice, China's judicial authorities often do not have smooth access to the data of Internet companies.