The need for strict data protection

1. What have been the key legislative developments affecting data protection over the past 12 months?

The most recent piece of legislation on data protection has come from the Ministry of Industry and Information Technology, which formulated and promulgated the Provisions for the Protection of the Personal Data of Telecommunications and Internet Users. These were implemented on September 1 2013. The Provisions mainly regulate the protection of personal data by the telecommunications and internet industries. Previously, only a portion of the provisions in the relevant laws governing those industries touched upon data protection, e.g. the Telecommunications Regulations, which are far from comprehensive. Furthermore, the Standing Committee of the National People's Congress, Decision on Strengthening the Protection of Online Information promulgated on December 28 2012 provides the legal basis for the protection of online information. However, that document only sets forth statements of principle and does not provide specific guidance. It is only with the implementation of the Provisions for the Protection of the Personal Data of Telecommunications and Internet Users, setting forth specific provisions for the protection of personal data in telecommunications and on the internet in terms of the collection and use of such data and security of such data that China's rapidly developing information and communications technology (ICT) industries have been placed on a relatively sound legal footing in terms of data protection.

2. How has the e-commerce industry adapted to these changes? Do they affect other industries?