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Order of Ministry of Industry and Information Technology of
the People’s Republic of China
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MIIT24-2013: PDF in English MIIT24-2013
Order of Ministry of Industry and Information Technology of
the People’s Republic of China
MIIT [2013] No.24
“Protective Stipulation for Personal Information of Telecommunication and
Internet User” has been deliberated and passed on the 2nd ministerial
conference of Ministry of Industry and Information Technology of the People’s
Republic of China on June 28, 2013. And it is hereby issued and shall be
implemented since September 1, 2013.
Minister. Miao Xu
July 16, 2013
Protective Stipulation for Personal Information of
Telecommunication and Internet User
Chapter One General Provisions
Article 1 In order to protect the legal rights of telecommunication and internet
users and maintain the safety of network information, this stipulation is
established according to laws and administrative regulations such as “Decision
on Strengthening Network Information Protection of the NPC Standing
Committee”, “Telecommunication Provisions of PRC” and “Management
Methods of Internet Information Service”.
Article 2 This stipulation is suitable for activities of providing
telecommunication service, collecting and using users’ personal information in
the internet information service process in the People’s Republic of China.
Article 3 Ministry of Industry and Information Technology and Bureaus of
Telecommunication Management of the provinces, autonomous regions and
municipalities (hereafter collectively refer to as telecommunication regulatory
authority) shall carry out supervision and management of personal information
protection of telecommunication and internet users according to the laws.
Article 4 The users’ personal information in this stipulation refers to the
information that can independently or jointly recognize users’ information as well
as time and place of using services, such as the user’s name, date of birth, ID
card number, address, telephone number, account and code that
telecommunication service providers and internet information service providers
collect in the process of servicing.
Article 5 In the process of providing service, telecommunication service
providers and internet information service providers shall adhere to legal,
reasonable and necessary principles in collecting and using users’ personal
information.
Article 6 Telecommunication service providers and internet information service
providers shall be responsible for safety of users’ personal information that they
collect and use in the process of providing service.
Article 7 The country encourages telecommunication and internet industry to
that are reported or found to violate this stipulation. For the behaviors of
significant influence, telecommunication management bureau of related
provinces, autonomous regions and municipalities shall report to Ministry of
Industry and Information Technology. Before making handling decision according
to this stipulation, telecommunication regulatory authority can require
telecommunication service providers and internet information service providers
to suspend the related behaviors; telecommunication service providers and
internet information service providers shall execute it.
Article 15 Telecommunication service providers and internet information
service providers shall provide training of related knowledge, technique and
safety responsibilities of users’ personal information to the working staffs.
Article 16 Telecommunication service providers and internet information
service providers shall at least have a self-examination of protection of users’
personal information every year, record the self-examination information and
timely eliminate hidden trouble of safety found in self-examination.
Chapter Four Supervision-inspection
Article 17 Telecommunication regulatory authority shall carry out
supervision-inspection of personal information protection to telecommunication
service providers and internet information service providers.
When carrying out supervision-inspection, telecommunication regulatory
authority can require telecommunication service providers and internet
information service providers to provide related materials, and investigate in their
production and management fields. Telecommunication service providers and
internet information service providers shall assist their work.
When carrying out supervision-inspection, telecommunication regulatory
authority shall record the information of supervision-inspection, it must not hinder
the normal management or service of telecommunication service providers and
internet information service providers, and cannot charge any fees.
Article 18 In performing their duties, telecommunication regulatory authority
and the working staffs shall maintain the secrecy of acknowledged personal
information of users. They must not disclose, distort nor damage the information.
They must not sell or provide it to others illegally.
Article 19 When implementing permission of telecommunication management
license and annual check of management license, telecommunication regulatory
authority shall examine the protection conditions of personal information of users.
Article 20 Telecommunication regulatory authority shall record the behaviors of
telecommunication service providers and internet information service providers
that violate this stipulation in the social credit documents, and make
announcement.
Article 21 Telecommunication and internet industry associations are
encouraged to develop self-discipline management system related to users’
personal information protection according to laws, guide the members to
strengthen self-discipline management and improve protection level of personal
information of users.
Chapter Five Legal Responsibility
Article 22 If telecommunication service providers and internet information
service providers violate Article 8 and Article 12 of this stipulation,
telecommunication regulatory authority shall order them to correct within a
definite time according to the functions and power, and give them a warning. In
addition, telecommunication regulatory authority can also punish them to pay fine
less than RMB 10,000.
Article 23 If telecommunication service providers and internet information
service providers violate Article 9 to Article 11, Article 13 to Article 16 and the
second item of Article 17 of this stipulation, telecommunication regulatory
authority shall order them to correct within a definite time according to the
functions and power, and give them a warning. In addition, telecommunication
regulatory authority can also punish them to pay fine ranging from RMB 10,000 to
RMB 30,000, then make announcement to the society. If a crime is constituted,
the criminal responsibility shall be investigated.
Article 24 If working staffs of telecommunication regulatory authority are
forgetful of their duties, exercise wrongly their power and play favoritism and
commit irregularities, they shall be punished according to the laws. If a crime is
constituted, the criminal responsibility shall be investigated.
Chapter Six Supplementary Provisions
Article 25 This stipulation shall be implemented since September 1, 2013.
......
Source: Above contents are excerpted from the PDF -- translated/reviewed by: www.chinesestandard.net / Wayne Zheng et al.
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