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China weighs criminal penalty on leaking personal data


GOV.cn Monday, August 25, 2008

Citizen's personal information is likely to be better protected by a draft amendment of the Criminal Law under discussion.

Selling or illegally offering citizens' personal information shall face criminal penalty for the first time in China, under the draft amendment of the Criminal Law that began making its way through China's top legislature on Monday.

Staff in government offices, financial, medical and educational institutions, transport and communications departments, who usually have access to citizen's personal information, shall face a maximum jail term of three years if they sell or leak citizen's personal information.

People who gain citizen's personal information illegally will also face criminal penalty under the draft.

In China, citizen's personal information, especially mobile phone numbers and consumption records, are often leaked, and most people feel annoyed by anonymous ad text messages sent to their mobile phones, and all kinds of undesirable sales promotion.

Personal reputation and privacy is protected under the general provisions of the civil law in China.

Earlier reports said the draft of the Law on Personal Information Protection was submitted to the State Council for approval this summer, which forbids any companies and organizations from leaking citizen's personal information.

The Standing Committee of the National People's Congress, China's top legislature, started a five-day session on Monday to review draft laws and amendments on criminal law and food safety, among other issues.

It will not be known until this Friday whether the draft amendment of the Criminal Law will be adopted.




Editor: Sun Yunlong
Source: Xinhua