China's New Judicial Interpretation Expands And Clarifies Privacy Protection

The PRC Supreme People's Court and Supreme People's Procuratorate have recently issued the Interpretation of Various Issues Concerning Application of Law in Handling Crimes of Infringing upon Citizen's Personal Information (the "Interpretation"). The Interpretation clarifies several important issues in bringing criminal cases for infringing personal privacy and broadens the definition of personal information.

The Interpretation came into effect on 1 June 2017 at the same time as the PRC Cyber Security Law, both of which indicate China's continued focus on privacy protection.

What it means for companies

Companies now face greater exposure of privacy infringement and risk of criminal liability. The Interpretation confirms that the infringement of personal information is a unit offence, ie companies, together with in-charge and responsible employees, will be prosecuted under the offence.