Several Provisions on the Administration of Automobile Data Security (for Trial Implementation) were promulgated on 16 Aug. 2021, and entered into force on 1 Oct. 2021.
There are 19 articles in total. The Provisions aim to regulate automobile data processing activities, protect the legitimate rights and interests of individuals and organizations, safeguard national security and public interests, and promote the rational development and utilization of automobile data.
The key points are as follows:
Whoever conducts automobile data processing activities and the safety supervision thereof within the territory of the People’s Republic of China shall comply with the requirements of relevant laws, administrative regulations, and the Provisions.
The State encourages the reasonable and effective use of automobile data in accordance with the law, and advocates that automobile data processors in their automobile data processing activities adhere to (1) the principle of processing data inside vehicles unless it is necessary to send the data out of vehicles; (2) the principle of non-collection by default, unless the driver makes settings otherwise, the setting is non-collection by default every time he or she drives; (3) the principle of application of precision range, that is, the coverage and resolution of cameras and radars shall be determined according to the requirements for data accuracy of the provided functions and services; and (4) the principle of desensitization, which means that anonymous and de-identified processing shall be conducted as much as possible.
Important data shall be stored within the territory of China in accordance with the law. If it is necessary to provide such data abroad due to business needs, it shall go through the security assessment organized by the national cyberspace administration in concert with the relevant departments of the State Council. The security administration of exit of personal of laws and administrative regulations. Where there are different provisions in the international treaties and agreements concluded or acceded to by China, such international treaties and agreements shall apply, except for the provisions on which China has made reservations.