Are we now in an era of ¥ 1 million fines for personal information violations?
On 7th November 2016, the Chinese Cyber Security Law was approved by the Standing Committee of the National People’s Congress and will enter into force on 1 June 2017. One of highlights of the Cyber Security Law is its section concerned with the protection of personal information. A draft of the Personal Information Protection Law was first submitted to the State Council for review in 2008 but never progressed any further. Therefore, before the Cyber Security Law is promulgated, regulations relating to the protection of personal information are scattered across many different laws, regulations and regulatory documents, which include Tort Law, Criminal Law, Penalties for the Violation of Public Security Administration Law, Consumer Rights and Interests Protection Law and Decision of the Standing Committee of the National People's Congress on Strengthening Network Information Protection. The promulgation of the Cyber Security Law contains several “first time” highlights for the personal information protection which are particularly eye-catching.