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Prospects for a Personal Information Protection Law

Recently, there has been discussion of a possible law on personal information protection in China. What would it mean for companies doing business in China?

Date: September 2007

Keywords (click to search): [confidentiality] [privacy legislation] [personal data] [personal information] [draft legislation] [identity] [internet] [data transmission] [freedom of information]

By Manuel E. Maisog of Hunton & Williams

Recently, it was reported in the English language press in China that there are prospects for a new personal information protection law in China next year. According to an article in the China Daily which appeared during the first week of August 2007, it is expected that a law on personal information protection will be "enacted next year." According to the article, a draft was prepared by the Informatization Office of the State Council and would be submitted to the Legislative Affairs Office of the State Council. This draft was based on a first version of a proposed personal information protection law that was begun in the year 2003 and finished in 2005. Because the draft still must complete the required legislative processes before it can become law in China, and could still undergo changes, an attempt to provide an exact and definitive assessment of the actual law would be premature at this time.

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