CHINA
Reported in 2018, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that as of May 2023, at least 175 of the 1,000 most heavily visited websites and social media platforms in the world were blocked in China. Numerous international news outlets and their Chinese-language websites, including those of the New York Times, Reuters, the Wall Street Journal, the Australian Broadcasting Corporation, and the British Broadcasting Corporation, are inaccessible. Furthermore, most international social media and messaging platforms, such as Facebook, WhatsApp, Twitter, Instagram, Signal, Clubhouse, YouTube, Telegram, Snapchat, Line, and Pinterest, are also blocked. The popular discussion forum Reddit has been blocked since August 2018, and all Wikipedia languages have been inaccessible since April 2019. Additionally, several Google services, including Maps, Translate, Calendar, Docs, Drive, Scholar, and Analytics, remained blocked throughout 2023.
Coverage Social media, apps, search engines
CHINA
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that blocks on global search engines severely limit the content available on the Chinese internet. Google’s search engine has been blocked since 2012, while the Yahoo search function was blocked in 2018.
Coverage Social media, apps, search engines
CHINA
Reported in 2022, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of web content
It is reported that service providers are barred from setting up VPNs without government approval, and illegal VPN operations have increasingly been targeted for closure or blocking. VPN providers have observed that the technical sophistication of Chinese authorities has grown, reflected in the increasing frequency of VPN blocking incidents. In November 2021, the Cyberspace Administration of China released a draft regulation titled Network Data Security Management Regulations, which would punish individuals and institutions for helping users circumvent internet censorship. Targeting app stores and hosting sites, the regulations propose penalties of up to 500,000 yuan (approx.70,300 USD).
Coverage VPNs
CHINA
Since December 2015, entry into force in January 2016, last amended in April 2018
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Counterterrorism Law of the People's Republic of China (中华人民共和国反恐怖主义法)
Art. 18 of the Counterterrorism Law requires Internet service providers and the telecommunication sector to “provide technical support and assistance, such as technical interface and decryption, to support the activities of the public security and state security authorities in preventing and investigating terrorist activities.”
Coverage Internet service providers and telecommunication sector
Sources
- https://web.archive.org/web/20230324194915/http://www.hoover.org/sites/default/files/research/docs/segal_webreadypdf_updatedfinal.pdf
- https://web.archive.org/web/20231129113030/http://www.xinhuanet.com//politics/2015-12/27/c_128571798.htm
- https://web.archive.org/web/20221210010510/http://www.npc.gov.cn/zgrdw/npc/xinwen/2018-06/12/content_2055871.htm
- Show more...
CHINA
Since September 2018
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Provisions for the Supervision and Inspection of Network Security by Public Security Agencies (公安机关互联网安全监督检查规定)
The Provisions for the Supervision and Inspection of Network Security by Public Security Agencies authorise local law enforcement agencies to conduct remote or onsite inspections of the businesses under their supervision. Inspections must ensure compliance with general regulatory obligations on all businesses under the Cybersecurity Law or specific obligations applicable to internet service providers, including, but not limited to, the implementation of technical measures for network security and data protection that comply with national standards. During such an inspection, law enforcement agencies can physically enter business sites and machine rooms, review and copy relevant information and assess the operational conditions and effectiveness of the technical measures taken by the company to safeguard the security of networks and information.
Coverage Internet service providers
Sources
- https://web.archive.org/web/20211016220414/https://www.morganlewis.com/pubs/2018/10/china-issues-new-rules-strengthening-local-authorities-power-to-enforce-cybersecurity-and-data-privacy-laws
- https://web.archive.org/web/20220517132914/http://www.gov.cn/zhengce/zhengceku/2018-12/31/content_5428637.htm
CHINA
Since September 2000
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
People’s Republic of China State Council Decree No. 292 - Internet Information Service Management Measures (中华人民共和国国务院令第 292 号 - 互联网信息服务管理办法)
According to Art. 14 of Decree No. 292, ISPs must provide user information to the authorities upon request, without judicial oversight.
Coverage Internet service providers
Sources
- https://web.archive.org/web/20231018001852/https://digichina.stanford.edu/work/internet-information-service-management-rules/
- https://web.archive.org/web/20231222235649/https://freedomhouse.org/country/china/freedom-net/2022
- https://web.archive.org/web/20230314063141/https://www.gov.cn/gongbao/content/2000/content_60531.htm
- Show more...
CHINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20240129171425/http://www.article19.org/data/files/Intermediaries_ENGLISH.pdf
- https://web.archive.org/web/20200222120116/http://www.jetlaw.org/2016/01/18/executives-of-a-chinese-online-video-sharing-service-provider-stood-trial-for-internet-pornography/
- https://web.archive.org/web/20220120082414/http://www.wipo.int/export/sites/www/copyright/en/doc/liability_of_internet_intermediaries.pdf
- https://web.archive.org/web/20180425225959/http://www.wipo.int/wipolex/en/text.jsp?file_id=182630
- https://web.archive.org/web/20170402022917/http://www.wipo.int/wipolex/en/details.jsp?id=13403
- https://web.archive.org/web/20231210140045/http://www.hrw.org/news/2013/01/04/china-renewed-restrictions-send-online-chill
- https://web.archive.org/web/20240226143908/http://www.gov.cn/zwgk/2006-05/29/content_294000.htm
- https://web.archive.org/web/20220112052017/http://www.gov.cn/flfg/2009-12/26/content_1497435.htm
- https://web.archive.org/web/20200714182556/http://www.npc.gov.cn/wxzl/wxzl/2000-12/17/content_4680.htm
- Show more...
CHINA
Since October 2020
Pillar Cross-border data policies |
Indicator Conditional flow regime
Amendment to the Information Security Technology – Personal Information Security Specification (GB/T 35273-2020) (信息安全技术-个人信息安全规范》(GB/T 35273-2020)修正案)
Section 9.2.i of the 2020 Specification provides that where personal biometric information must not be shared or transferred unless actually essential for business needs, in which case the personal information subject must be separately informed of the purpose, types of biometrics involved, identification of the recipient and its data security capacity and the personal information subject consent must be explicitly obtained.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240617005345/https://www.wilmerhale.com/en/insights/client-alerts/20200324-china-issues-new-personal-information-security-specification
- https://web.archive.org/web/20220524101741/https://www.pipchina.cn/uploads/20210926/1632643529092037513.pdf
- https://web.archive.org/web/20230910032835/https://www.tc260.org.cn/upload/2020-09-18/1600432872689070371.pdf
- Show more...
CHINA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in China's law and jurisprudence. A safe harbour defence for internet intermediaries providing hosting services is spelt out in the Guiding Framework on Protection of Copyright for Network Dissemination (Art. 14-17, 22). The hosting defence established in Art. 22, only applies to service providers who host third-party materials. However, Art. 36 of the Tort Law of the People's Republic of China states that a "network service provider" shall assume the tort liability if it infringes "upon the civil right or interest of another person."
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Furthermore, the Tort Law allows victims of the tort to notify the network service provider to demand the deletion, blocking or disconnection of the cause of infringement. Failing to do so can lead to further liability for the network provider in the event of further harm to the user. Finally, liability can be further increased in the event that the network service provider knew of the infringement but did not take action.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20240129171425/http://www.article19.org/data/files/Intermediaries_ENGLISH.pdf
- https://web.archive.org/web/20200222120116/http://www.jetlaw.org/2016/01/18/executives-of-a-chinese-online-video-sharing-service-provider-stood-trial-for-internet-pornography/
- https://web.archive.org/web/20220120082414/http://www.wipo.int/export/sites/www/copyright/en/doc/liability_of_internet_intermediaries.pdf
- https://web.archive.org/web/20180425225959/http://www.wipo.int/wipolex/en/text.jsp?file_id=182630
- https://web.archive.org/web/20170402022917/http://www.wipo.int/wipolex/en/details.jsp?id=13403
- https://web.archive.org/web/20231210140045/http://www.hrw.org/news/2013/01/04/china-renewed-restrictions-send-online-chill
- https://web.archive.org/web/20240226143908/http://www.gov.cn/zwgk/2006-05/29/content_294000.htm
- https://web.archive.org/web/20220112052017/http://www.gov.cn/flfg/2009-12/26/content_1497435.htm
- https://web.archive.org/web/20200714182556/http://www.npc.gov.cn/wxzl/wxzl/2000-12/17/content_4680.htm
- Show more...
CHINA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
China has not joined any agreement with binding commitments on data flows.
Coverage Horizontal
CHINA
Since June 2016, entry into force in August 2016
Pillar Intermediary liability |
Indicator User identity requirement
Administrative Provisions on Information Services of Mobile Internet Application Programs (移动互联网应用程序的信息服务管理规定)
According to the Administrative Provisions on Information Services of Mobile Internet Application Program, app providers must ensure that new app users register with their real names by verifying users’ mobile phone numbers and/or other identity information.
Coverage Internet app providers and mobile Internet app stores
Sources
- https://web.archive.org/web/20200227150425/http://www.loc.gov/law/foreign-news/article/china-cyberspace-administration-releases-new-rules-on-mobile-apps/
- https://web.archive.org/web/20200215210816/https://www.cac.gov.cn/2016-06/28/c_1119122192.htm
- https://web.archive.org/web/20200312125139/http://www.cac.gov.cn/2016-06/28/c_1119122192.htm
- Show more...
CHINA
Since August 2021, entry into force in November 2021
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Information Protection Law《个人信息保护法》
The Personal Information Protection Law (PIPL) is China's comprehensive data protection law and governs personal information processing activities carried out by entities or individuals within China. The PIPL introduces several important concepts, such as personal information, sensitive personal information, and processing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230318162638/http://en.npc.gov.cn.cdurl.cn/2021-12/29/c_694559.htm
- https://web.archive.org/web/20230327145925/https://www.dataguidance.com/notes/china-data-protection-overview
- https://web.archive.org/web/20201129095844/https://www.mondaq.com/china/data-protection/1010164/china-releases-draft-personal-information-protection-law-
- https://web.archive.org/web/20230926053640/https://www.china-briefing.com/news/data-privacy-china-personal-information-protection-law-it-compliance-considerations/
- Show more...
CHINA
Since September 2000
Since December 2012
Since December 2012
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation on Internet Information Services of the People's Republic of China 《互联网信息服务管理办法》
Decision on Strengthening Network Information Protection 《关于加强网络信息保护的决定
Decision on Strengthening Network Information Protection 《关于加强网络信息保护的决定
The Regulation on Internet Information Services of the People's Republic of China requires that Internet Service Providers (ISPs) keep records of each service user’s time spent online, user account, IP address or domain name, phone number and other information for 60 days and provide that information to the authorised government authorities when required (Art. 14).
In addition, the Decision on Strengthening Network Information Protection requires ISPs to cooperate with the government and provide technical support upon inquiry from the authorised government authorities (Art. 10).
In addition, the Decision on Strengthening Network Information Protection requires ISPs to cooperate with the government and provide technical support upon inquiry from the authorised government authorities (Art. 10).
Coverage Internet Service Providers
Sources
- https://web.archive.org/web/20211025231406/http://www.lawinfochina.com/Display.aspx?lib=law&Cgid=31477
- https://web.archive.org/web/20190404000306/http://www.loc.gov/law/foreign-news/article/china-npc-decision-on-network-information-protection/
- https://web.archive.org/web/20220117214103/https://www.dlapiperdataprotection.com/system/modules/za.co.heliosdesign.dla.lotw.data_protection/functions/handbook.pdf?country-1=CN
- https://web.archive.org/web/20220305221504/http://www.gov.cn/gongbao/content/2000/content_60531.htm
- https://web.archive.org/web/20230327145941/http://www.gov.cn/jrzg/2012-12/28/content_2301231.htm
- Show more...
CHINA
Since April 2001, amended in 2011, 2016, and 2019
Pillar Domestic data policies |
Indicator Minimum period for data retention
Internet Surfing Service Business Venue Management Rules 《互联网上网服务营业场所管理办法》
The Internet Surfing Service Business Venue Management Rules apply to commercial venues that provide Internet surfing services to the public through computers connected to the Internet. According to the Rules, Internet surfing service businesses are required to record the users' authentic ID information and relevant surfing information, record back-ups, preserve such information for 60 days and provide the same to relevant governmental departments who make inquiries according to the law.
Coverage Internet surfing services
Sources
- https://web.archive.org/web/20230519074759/https://chinacopyrightandmedia.wordpress.com/2001/04/03/internet-surfing-service-business-venue-management-rules/
- https://web.archive.org/web/20230110061559/https://www.coe.int/t/dg1/legalcooperation/economiccrime/cybercrime/Documents/CountryProfiles/567%20china-d-Comparative%20Research_ed1a.PDF
- https://web.archive.org/web/20240610193600/http://www.gov.cn/gongbao/content/2002/content_61949.htm
- Show more...
CHINA
Since November 2000
Pillar Domestic data policies |
Indicator Minimum period for data retention
Provisions for the Administration of Internet Electronic Bulletin 《互联网电子公告服务管理规定》
The Provisions for the Administration of Internet Electronic Bulletin apply to electronic bulletin services, which refer to electronic bulletin boards, electronic whiteboards, electronic forums, internet chat rooms, message boards, and other forms of interactive behaviour characterised by the provision of information dissemination for online customers.
The electronic bulletin service provider must record all information content published in the electronic bulletin service system, including the internet access time, user account, Internet address or domain name, caller's phone number, and other information. Such records must be kept for 60 days and provided to the relevant state authority when inquiries are made according to the law.
The electronic bulletin service provider must record all information content published in the electronic bulletin service system, including the internet access time, user account, Internet address or domain name, caller's phone number, and other information. Such records must be kept for 60 days and provided to the relevant state authority when inquiries are made according to the law.
Coverage Electronic bulletin services
Sources
- https://web.archive.org/web/20231208222512/https://www.cecc.gov/resources/legal-provisions/provisions-on-the-administration-of-internet-electronic-bulletin-services
- https://web.archive.org/web/20230110061559/https://www.coe.int/t/dg1/legalcooperation/economiccrime/cybercrime/Documents/CountryProfiles/567%20china-d-Comparative%20Research_ed1a.PDF
- https://web.archive.org/web/20230324025934/http://www.gov.cn/gongbao/content/2001/content_61064.htm
- Show more...
