Civil law revision will protect personal information
Print Edition
FOR the first time, a revised draft of the general rules of the civil code stipulates that citizens’ personal information should be protected by law.
Any organization or individual shall not be involved in illegally collecting, using, processing and transmitting personal information, according to the draft submitted to the National People’s Congress Standing Committee for a second reading.
No one shall illegally provide, disclose or sell personal information, it added.
Leakage of personal information is rampant in China. Although there are such crimes as infringing on citizens’ personal information in criminal law, there are no clauses protecting personal information in the existing General Principles of the Civil Law, which came into force in 1987.
Wang Yi, a law professor at Renmin University, said the revised draft established general rules for protecting personal information, which will offer references for enacting a specialized law or adding more details in the future.
Based on provisions of the new draft, civil law, criminal law and other regulations will work to protect personal information in different respects, Wang added.
Laws regarding legal guardianship will also be made clearer. Where a legal guardianship is revoked, a new one will be designated in accordance with the law and under a principle that favors the minors involved.
The revised draft also bans shareholders of entities from abusing other shareholders’ limited liability to evade debts and thus damage the interests of the entity’s creditors.
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