Data Protection Laws of the World Handbook: Second Edition - China

LAW

Provisions relating to personal data protection are found in various laws and regulations, but none of the provisions clearly define the scope of privacy rights. The main provisions are found in the General Principles of Civil Law and the Tort Liability Law, which define such rights as a right of reputation or right of privacy. A draft Personal Data Protection Law has been under review by the government for many years, but there is still no indication as to if and when such law will be passed.

The Ministry of Information and Industry of China ("MIIT") has published draft guidelines called the Information Security Technology – Guide for Personal Information Protection ("Draft Guidelines").