Administrative Measures For Personal Information Protection Software And Information Service Industry In Xiamen City

Original Language Title: 厦门市软件和信息服务业个人信息保护管理办法

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Administrative measures for personal information protection software and information service industry in Xiamen City

    (November 19, 2012, Xiamen City people's Government Executive meeting of the 14th through December 3, 2012 151th Xiamen City people's Government promulgated as of April 1, 2013) first to strengthen the management of personal information of software and information service industry to avoid misuse of personal information, protection of personal information, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second piece of software and information services company and its subsidiaries (hereinafter referred to as software and information services companies) on their own or commissioned's use of information processing activities in the city, should comply with these measures.

    Article personal information mentioned in these measures refers to the ability to be known and processing, associated with specific individuals, alone or combined with other information to identify the specific information of natural persons, and includes an individual's name, date of birth, social security number, mailing address, telephone number, marital status, employment history, income and other information that could identify the person.

    Personal information mentioned in these measures refers to the use of information systems to collect, process shielding, delete, transfer, use, disposal of personal information.

    Fourth municipal information Department is responsible for the software and information services of the personal information protection general coordination and management.

    In other relevant sectors within the scope of their respective duties and responsibilities of software and information services related to protection of personal information management.

    Fifth Municipal Information Department of entrusted software and information industry association to undertake the provision of records, receive reports or complaints and other software and information services the protection of personal information related to the specific work.

    The sixth municipal information Department shall establish software business credit archives and information services, guidance and supervision of personal information protection in software and information services companies.

    Software and information technology-related industry associations should play a service industry, industry self-regulation, industry coordination role, assisting software and information services companies work to protect personal information in the course of business.

    The seventh municipal information Department shall take measures to actively promote the city and Taiwan software and information service industry in mutual recognition of protection of personal information, promoting the city's cooperation with software and information service industry in Taiwan. The eighth software and information service enterprises shall engage in personal information handling services within 30th of, to the municipal information department record.

    Record should provide the following materials:

    (A) software and information service enterprise copy of the business license and its photocopies;

    (B) personal information protection safety responsibility system;

    (C) the means of security and protection of personal information system description;

    (D) emergency disposal plan for the protection of personal information;

    (V) other materials that are required by law to provide.

    Nineth municipal information Department upon receipt of the filing, the materials shall accept the notice issued on the spot; on the material is not complete, shall at once inform the software and information services companies corrected in a timely manner. Issue a notification of acceptance, municipal information Department within 15th days of the acceptance made by filing decision.

    By filing, issued a registration certificate, and timely information shall be published on the website of the competent Department in the city; not by filing, shall notify the correction.

    The tenth article of the municipal financial investment information other than the project commissioned by the city of software and the operational activities of the service enterprises engaged in the processing of information, clients should sign contract with the trustee, agreed in accordance with the article eighth of this approach for the record and filing system; not in accordance with the regulations for the record, information authorities not to approve the allocation of the corresponding information, project funding.

    11th software and information services companies in handling personal information shall comply with the following requirements:

    (A) except as otherwise provided by laws and regulations, collects personal information should have a specific purpose and scope, clear, rational use, with reasonable and appropriate ways and means, and prior consent of the subject of personal information;

    (B) in accordance with the national requirements related to personal information protection standards and norms, establish a personal information protection system and emergency preparedness, Safety Manager;

    (C) to strengthen the risk management of personal information to prevent at the time of the processing of information leakage, loss, destruction, tampering, improper use. 12th entrusted personal information of software and information services companies, the principal should be set out in the contract about the content of the fiduciary responsibility to protect personal information.

    Trustee shall take the necessary measures and means to guarantee the security of personal information in the course of processing. The 13th subject of personal information have the right to query his or her personal information to personal information management. Personal information found that their personal information is not accurate, right to request personal information be corrected.

    Personal information manager and verified when the confirmation is incorrect and should be corrected in a timely manner.

    Personal information referred to in the preceding paragraph refers to natural persons for personal information, personal information managers personal information refers to the practical management of natural or legal persons. 14th software and information services companies and their staff of improper use of personal information, personal information subject to the municipal information Department for information or complaints.

    Municipal information Department after receiving reports or complaints shall verify the content of reports or complaints in a timely manner and dealt with according to law, or transfer the right to handle.

    The 15th municipal information Department achieved outstanding success in the personal information protection software and information services companies to recognize or reward; is recognized or rewarded software and information service enterprises will be given priority to enjoy relevant preferential policies, financial investment-related information, and participate in the project. 16th software and information services companies carry out the processing operations is not to record the municipal information Department, the municipal information Department shall order rectification, and fined 1000 Yuan fine.

    Refused to correct filing system or is not implemented in enterprises, illegal gains, illegal gains shall be sentenced to 3 times less than 30000 Yuan a fine; no illegal proceeds, fined a maximum of 2000 more than 10000 Yuan.

    17th and relevant competent administrative departments who violate these rules, abuse of power, favoritism, bribery, by the competent authorities directly responsible for the personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 18th article this way come into force April 1, 2013.