Standing Committee Of The National People's Congres Decision On Strengthening The Network Information Protection

Original Language Title: Standing Committee of the National People's Congres decision on strengthening the network information protection

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Standing Committee of the National People's Congress decision on strengthening the network information protection (by the Eleventh National People's Congress Standing Committee of the thirtieth session of December 28, 2012)
To protect the network information security, protection of citizens, legal persons and the legitimate interests of other organizations, safeguarding national security and social public interests, the following decisions:
a state protects citizens can identify personally identifiable information of citizens and involving electronic privacy.
No organization or individual may steal or otherwise unlawfully obtain citizen personal electronic information, citizens may not be sold or illegally providing personal electronic information to others.
Second, the network service providers and other enterprises and institutions in operational activities to collect, use of electronic information of individual citizens, should follow the legal, legitimate and necessary principles, express the collection, use objects, methods and scope of information, and by consent collectors may not violate laws and regulations, and the two sides agreed to collect usage information.
Network service providers and other enterprises and institutions collect, use individual citizens electronic information should be disclosed in its collection, use rules.
Third, the network service providers and other enterprises and institutions and their staff to individual citizens in the operational activities of the electronic information collected must be strictly confidential and shall not disclose, alter, damage, shall not be sold or illegally to others.
Four, network service providers and other enterprises and institutions shall adopt measures and other necessary technical measures to ensure information security, to prevent the disclosure of individual citizens electronic information collected in operational activities, damage, lost. Or may occur in the event of information leakage, damage, loss occurs, should take immediate remedial measures.
5, the network service provider shall strengthen the management of information on its users and found that the laws and regulations prohibit publication or transmission of information, it shall immediately stop the transmission of the information, to take measures to deal with elimination, keep the relevant records, and report to the relevant authorities.
Six network service provider for the website users for access services, for fixed telephone, mobile telephone and other network access procedures, or to provide users with information dissemination services, should sign an agreement with the user at the time of confirmation or service, require users to provide real identity.
Seven, any organization or individual without the consent of the recipient of electronic information or request, or an electronic message recipient expressly rejected and shall not its fixed telephone, mobile phone or personal e-mail to send commercial electronic messages.
Eight citizens found disclose personal identity, distribute personal privacy against the legitimate rights and interests of its network information, or commercial sexual harassment of electronic information, the right to request the network service provider to delete the relevant information or take other necessary measures to stop them.
Nine, any organization or individual to steal or otherwise unlawfully acquire, sell or illegally providing individual citizens electronic information to others criminal acts and other network information criminal acts, the relevant authorities have the right to report and accuse; received a report accused authorities it shall timely manner. The infringed party may bring an action in accordance with law.
Ten, the competent authorities shall perform the duties according to the law within their respective mandates, to take necessary measures and other technical measures to prevent, deter and investigate stolen or otherwise unlawfully acquire, sell or illegally providing personal electronic information to the citizens of others criminal acts and other network information criminal acts. When the competent authorities to perform their duties according to law, the network service provider shall cooperate to provide technical support.
State organs and their staff to individual citizens electronic information in knowledge of their duties shall be confidential and shall not divulge, alter, damage, shall not be sold or illegally to others.
XI behavior of a violation of this decision shall be given a warning, fines, confiscation of illegal income, revoke the license or cancel the record, close the site and prohibit the responsible persons engaged in network services and other penalties, credited to the Social Credit File and to the public; constitutes a violation of public security administration, it shall be given administrative punishment. Constitute a crime, be held criminally responsible. Against the civil rights of others, shall bear civil liability.
12. This decision from the date of promulgation.