On December 29, 2011, the Ministry of Industry and Information
Technology issued Several Provisions on Regulating the Market
Order of Internet Information Service, which will take effect
on March 15, 2012. The provisions prohibit internet information
service providers ("IISPs") from taking actions that
infringe upon the lawful rights and interests of other IISPs or
users. In addition, the provisions govern the collection and use of
users' personal information by IISPs. IISPs cannot collect
users' personal information, or disclose it to others, without
the users' consent. When collecting personal information, IISPs
are required to inform users which information will be collected,
how it will be collected and the purpose of collecting it. IISPs
may not collect personal information for any purpose other than for
rendering services. IISPs must store the personal information of
users properly and take remedial measures immediately in the event
of inadvertent disclosure (or potential disclosure) of personal
information. Where a disclosure of personal information results in
(or may result in) serious consequences, IISPs must immediately
notify the telecom administrative authority and cooperate with an
official investigation. Violations of the new provisions are
punishable by warning, rectification order or fines.
The full Chinese text of the provisions is available
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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