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ANSWER: D. The Guidelines as currently drafted
set out (1) suggested principles for processors and administrators
of personal information, (2) rights enjoyed by the data
subject, and (3) requirements for the collection, processing,
transfer, use, blockage, deletion, and management of personal
information. As a voluntary national standard, the Guidelines
will lack the force of law but will likely serve as an important
guidepost for future lawmaking. We understand that a final
version of the Guidelines is expected to be released soon.
China’s
Internet regulator, the Ministry of Information and Industry
Technology, or MIIT, is close to releasing the final version
of China’s first national standards for personal information
protection. The release of “Information Security Technology
- Guidelines for Personal Information Protection”
(the “Guidelines”) represents China’s
first foray into the field of data privacy regulation. Among
the proposed requirements:
A.
Restrictions that would prevent the transfer of personal
information overseas;
B.
A specific requirement that express consent be obtained
for all third-party disclosures of personal information;
C.
Clarification on the definition of personal information
to include any information that is able to be collected
and processed, relates to individuals and by itself or in
combination with other information could disclose the identity
of the individual; or,
D.
All of the above.
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