In May, the Intermediate People's Court of Nanjing City,
Jiangsu Province, published its civil judgment ruling that the
advertisements aimed at consumers when they enter onto certain
third-party websites, does not infringe an individual's right
The case involved Internet user Ms. Zhu Ye, who claimed her
privacy rights were violated after seeing repeated advertisements
on weight loss, abortion and breast implants after using
Baidu's search engine previously to look up related
The court decided that a record of a user's Internet
activity and Internet preferences concerns privacy, but would not
constitute personal information as the information was in a
separate form and cannot identify the user. The judge also decided
that Ms. Zhu's claims of emotional distress were subjective and
unsupportable, and that Baidu had fulfilled its duty to Ms. Zhu as
providing the possibility to opt out of advertising if the user
China still has no specific rules on cookies, and this case,
because of the lack of common law, will not be binding on later
courts, which may leave companies uncertain about whether their
cookie policies will hold up in court. However the case
advertising context can be compliant with China's privacy laws,
but the legality of other uses is still unclear
Privacy policies are essential for
companies and cookies should be thoroughly explained to ensure
consumers are clearly informed
A website policy should be prominent
and easy to find. A link at the bottom of the page will
This judgment should allow those using targeted advertising to
have more confidence that using cookies in such a way will be
compliant with Chinese law but, unfortunately, because of the fact
that this judgment does not bind future cases, many questions
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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