Under the measures, 'personal health information' is
broadly defined to include:
Population information (including family composition and family
Electronic health archives (health records)
Electronic medical records (generated by medical
Other information generated for management and administration
of health institutions
The main requirements of the rules are:
Only approved health and family planning institutions may
collect personal health information to the limited extent required
to carry out their duties and responsibilities
Health data cannot be collected or used for commercial
Individuals must be informed of the purpose for collection and
their consent must be obtained
Amending, deleting, duplicating or disclosing health data
without consent of the data subject is not permissible
Cross-border transfers are restricted
Health data shall not be used for purposes beyond those
indicated at the time of collection without authorisation
Storing personal health information in any server located
outside of China is prohibited
The rules will take immediate effect upon final publication.
However, the measures fail to implement any fine or sanction for
violation of the rules; therefore, it remains to be seen how
effective they will be in practice.
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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On 12 August 2016, the Cyberspace Administration of China (CAC), the General Administration of Quality Supervision, the Inspection and Quarantine of China (GAQSIQ), and the Standardisation Administration of China (SAC) jointly released Several Guidelines to Strengthen National Cybersecurity Standardisation (the "Guidelines").
As of July 1, 2016, OAIC resumed the investigation of complaints involving agency actions relating to the handling of Freedom of Information ("FOI") matters.
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