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ARTICLE · 27 FEBRUARY 2023

Supreme Court Clarifies Scope Of Criminal Personal Information Violations

Over the last few years, China has adopted a series of laws, rules, and regulations to regulate the collection, use, and other processing of personal information.

ChinaPrivacy

Over the last few years, China has adopted a series of laws, rules, and regulations to regulate the collection, use, and other processing of personal information. Namely, the Personal Information Protection Law (‘PIPL') effective from 1 November 2021 governs personal information usage and disclosure in China.

Most recently, the Supreme People's Court issued Guiding Cases No. 35 (No. 35) on 28 December 2022 to provide clarity for criminal prosecutions. No. 35 defines criminal violations related to personal information through four criminal cases. And established the specific scope of personal information protected under criminal law including:    

  • Facial recognition,
  • Resident's identification,

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