Article 41 The competent authorities of the People`s Republic of China, in accordance with relevant laws and international treaties and treaties concluded by the People`s Republic of China or in which the People`s Republic of China has participated, or in accordance with the principle of equality and reciprocity, shall handle requests from foreign judicial or law enforcement authorities to provide personal data stored in China. Without the consent of the competent authority of the People`s Republic of China, the processor of personal data shall not disclose personal data stored in the territory of the People`s Republic of China to judicial or law enforcement authorities outside the territory of the People`s Republic of China. China is a huge country with a wide geographical and demographic dispersion. Local authorities have to deal with various problems in the daily life, work and other social and economic issues of citizens. In addition, Chinese citizens speak different languages, have different living standards and education levels. Thus, the rules and regulations of local legislative and administrative authorities could be thousands and thousands. Article 25 A processor of personal data shall not disclose the personal data it processes unless the consent of the individual is obtained or otherwise required by laws and administrative regulations. In general, administrative regulations are issued by decree of the Council of State (decree) and signed by the Prime Minister of the Council of State. Those relating to national defence are promulgated by decree of the Council of State and the Central Military Commission and signed by the Prime Minister and the Chairman of the Commission. (Law on legislation, art. 70.) Also known as ChinaLawInfo (Chinese platform) and InfoLawChina (English platform).
A comprehensive bilingual database for searching PRC laws and regulations (since 1949), cases, journal articles and official journals. (IV) other matters to be notified in accordance with laws, regulations and administrative provisions. Article 59 The party in charge of the processing of personal data shall comply with the relevant obligations prescribed by this Law and other relevant laws and administrative regulations, shall take the necessary measures to ensure the security of the personal data processed and shall assist the processors of personal data in fulfilling their obligations under this Law. First, the Council of State may issue administrative regulations for the enforcement of laws. For example, when the Foreign Investment Law was passed on March 15, 2019, practicing lawyers noted that the 42-article law introducing significant changes to China`s foreign investment regime was relatively general and vague. Later, on the 26th. In December 2019, the State Council issued the Ordinance on the Implementation of the Foreign Investment Law, which contains 49 articles with more details on the implementation of the law. The regulation came into force on January 1, 2020, the same day the law came into force.
Second, the Council of State may adopt administrative regulations to exercise its own powers and functions under the Constitution. The Transparency of Government Information Regulations, adopted in 2007 and revised in 2019, which require the disclosure of certain government information, appear to be one such regulation. In addition, the State Council may be empowered by the NPC or NPC to issue administrative regulations on matters that should be regulated by law but in which no law has yet been promulgated. When “the conditions are met to enact a law”, the Council of State must request the NPC or APNSC to promulgate the law in a timely manner. Taxation, for example, is one of the issues that must be regulated by law. (Law on Legislation, arts. 8, 9 and 65). In August 2019, the NPCSC passed the Resource Tax Act, which subjects natural resources such as crude oil, natural gas, coal and other minerals to the resource tax. In fact, China had already introduced the resource tax under an administrative regulation – the Provisional Resource Tax Ordinance – which was issued by the State Council in 1993 and entered into force on January 1, 1994. According to Article 85 of the Constitution of the PRC, the Council of State is the central government of the PRC and the highest administrative body of the State. Article 89 regulates its powers and functions, including “the adoption of administrative measures, the issuance of administrative regulations and the issuance of decisions and orders in accordance with the Constitution and laws”. Article 29 Individual consent should be obtained for the processing of sensitive personal data.
Where laws and administrative regulations provide that the processing of sensitive personal data requires written consent, these provisions shall prevail. Article 34 The processing of personal data by a public body for the performance of its statutory tasks shall be subject to the powers and procedures prescribed by laws and regulations and shall not exceed the scope and limits necessary for the performance of its statutory tasks. The revised 2015 law stipulates that draft administrative regulations (ying dang) must be published for public comment, unless the State Council decides otherwise. (Law on legislation, art. 67.) Article 51 The processor of personal data shall take measures depending on the purpose and method of processing the personal data, the nature of the personal data, the impact on the rights and interests of individuals and possible security risks, etc. the following measures to ensure compliance of the processing of personal data with the laws, regulations and administrative provisions and to prevent unauthorized visits: or leakage, falsification and loss of personal information: A loose-leaf publication of the English translation of important laws, compiled by the Legislative Affairs Committee of the Standing Committee of the National People`s Congress of the People`s Republic of China (publication discontinued 1987-2003). It has good English translations and indexes sorted by subject and date of enactment of legislation. The following official sources of by-laws can be found in the Law Library Collection: Article 18 When processing personal data, a processor of personal data shall not inform the individual of matters provided for by laws and administrative regulations requiring confidentiality, or it is not necessary to inform the person of the matters provided for in paragraph 1 of the preceding article Questions to be informed.
In accordance with Article 65 of the Law on Legislation, administrative regulations are issued by the State Council in accordance with the Constitution and laws adopted by the NPC or NPC for the following purposes: By-laws are not codified and researchers may not be able to determine whether a document is an administrative regulation simply by reading its title. Although rare, some laws are also called tiao li, such as the PRC Household Registration Regulations, which were passed by the NPCSC in 1958 and are still in force. The open source database provides a collection of English translations of Chinese media laws and regulations, including those related to copyright. The last updates were in 2015. In addition, the terms “regulations” and “measures” are not used exclusively in the titles of administrative provisions. Departmental rules issued by ministries and commissions under the State Council are also called “regulations” or “measures”, although they cannot be called tiao li (discussed in my next articles). The website contains a A to Z list of PRC laws, mainly derived from the government websites ChinaLaw (Information Center for Legislative Affairs of the State Council of the PRC) and ChinaCourt (Supreme People`s Court). (IV) if the processor processes personal data in violation of laws, administrative regulations or the Agreement; or Article 44 Everyone has the right to know about the processing of his or her personal data and to make decisions thereon, as well as the right to restrict or object to the processing of his or her personal data by third parties, unless otherwise provided by laws and administrative regulations. The revised 2017 procedural decree also provides that the legislative department of the State Council may publish the draft administrative regulation and its explanatory notes in order to obtain public comment for at least 30 days in general. (Rules of Procedure, art. 20.) The Central People`s Government (the State Council), ministries and bodies issue administrative rules and regulations that apply either throughout the country or to certain sectors of the country in descending order of authority.