China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Beijing Court Releases Report on Violation of Citizens’ Personal Information

Mon, 19 Feb 2024
Categories: China Legal Trends
Contributors: CJO Staff Contributors Team
Editor: Yurou Yin 印羽柔
Save as PDF

In November 2023, the Beijing High People’s Court released the “White Paper on the Trial of Crimes Violating Citizens’ Personal Information by the Beijing High People’s Court (2018-2023)” (北京市高级人民法院侵犯公民个人信息犯罪审判白皮书(2018-2023), hereinafter the “White Paper”).

According to the White Paper, since 2018, the Beijing courts have concluded a total of 229 cases involving the crime of violating citizens’ personal information. Among them, 302 defendants were convicted of violating citizens’ personal information.

In 2009, China promulgated the Amendment (VII) to the PRC Criminal Law, which added Article 253(1) stipulating crimes involving the sale, illegal provision, and illegal acquisition of citizens’ personal information.

In 2015, the Amendment (IX) to the PRC Criminal Law amended this Article to the crime of violating citizens’ personal information.

In 2016, the PRC Cybersecurity Law was enacted, outlining rules for network operators regarding collecting and utilizing personal information. In 2020, the PRC Civil Code further defined personal information and the principles of handling it. In 2021, the Personal Information Protection Law was implemented, strengthing the system for protecting citizens’ personal information.

 

 

Photo by Stefan Wagener on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

Chinese Courts
How Chinese Courts Work
China Legal Trends
Personal Data Protection

You might also like

SPC Releases Typical Cases to Support Hong Kong Arbitration

In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.

SPC Sets Standards for Punitive Damages in Food Safety

In August 2024, China’s Supreme People’s Court (SPC) issued a judicial interpretation that addresses punitive damages in food safety cases, featuring typical cases to establish uniform standards and enhance consumer protection.

Authenticating Documents for Use in Chinese Courts: Apostille or Not?

The 1961 Apostille Convention, effective in China as of November 2023, simplifies the authentication of foreign documents for use in Chinese courts by replacing traditional consular legalization with apostille. Note that authentication is only required for certain types of documents under Chinese law, and the apostille process applies only when the 1961 Convention is relevant.

SPP Releases 2024 Mid-Year Case Data

In the first half of 2024, China's Supreme People's Procuratorate (SPP) reported significant increases in arrests and prosecutions, as well as a notable rise in retrials based on their recommendations in civil cases.

China Intensifies Crackdown on Cross-Border Telecom Fraud

In July 2024, China's Supreme People’s Procuratorate (SPP), Supreme People’s Court (SPC), and the Ministry of Public Security released ten typical cases to highlight their intensified efforts to combat cross-border telecom and online fraud, emphasizing organized crime and emerging technologies.