China Issues Second Version of the Draft Personal Information Protection Law for Public Comments

Hunton Andrews Kurth writes:

On April 29, 2021, China issued a second version of the draft Personal Information Protection Law (“Draft PIPL”). The Draft PIPL will be open for public comments until May 28, 2021.

While the framework of this version of the Draft PIPL is the same as the prior version issued on October 21, 2020, below we summarize the material changes in the second version of the Draft PIPL.

Legal Basis for Processing Personal Information

Article 13 adds one legal basis for processing personal information. The data processor is not required to obtain the consent of data subjects for processing publicly available personal information within a reasonable scope pursuant to the Draft PIPL.

Minor’s Personal Information

Article 15 provides a higher standard to process a minor’s personal information. Regardless of whether the data processor knows or should know that it processes personal information of an individual under 14 years old, it must obtain the consent of the minor’s parents or other guardian.

Read more on Privacy & Information Security Law Blog.

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