Tag Archives: personal data

Could Gathering Images through Cameras in Advertising Screens Create Law Violation Risks?

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According to People’s Daily, the Personal Data Protection Law (Draft) was recently submitted to the Standing Committee of the National Congress for deliberation. I believe it protects personal data better and offsets disadvantages of the Cyber Security Law in protecting offline citizens’ data, which could increase law violation risks to non-internet businesses, for example Focus Media that was criticized for its intention to gather images through cameras in advertising screens.

Focus Media, if using cameras in advertising screens to gather images for big data analysis, would violate the Personal Data Protection Law (Draft) providing that “image collection and identity recognition devices placed in public places should be necessary for public security”. Its gathering, processing, transmission and storage of personal data are controversial and accompanied by risks of being punished by regulatory authorities for personal data protection purposes. The worst possible outcome is a closure of that business. More details are as follows.

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The Effect of GDPR on Chinese Businesses

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(By Lisa Li)The EU General Data Protection Regulation (“GDPR”) affects a broad range of people outside the EU. Certain Chinese businesses are very likely to be bound by GDPR. This article briefly discusses how GDPR affects Chinese businesses and what Chinese businesses should do to comply with GDPR.

1.The Application of GDPR to Chinese Businesses

This is a matter of applicability. GDPR applies to the following people.

(a) People established in the EU who control or process data and process personal data while doing business regardless of where these data are processed.

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Will Alibaba’s App Information Leakage Trigger Strict Supervision and Regulation on Mobile Games?

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(By You Yunting) “疯狂来往” App, an in-game of China’s leading e-commerce Alibaba(NYSE: BABA)’s Messaging App Laiwang, was blamed for user’s private data leakage, according to the news. “疯狂来往” App (pronounced as “Feng Kuang Lai Wang”) was made to record players as one persons holds up a mobile device displaying words and others use gestures to provide clues to an answer, a little like guessing game. Considering that “疯狂来往”App is an interactive game among friends and acquaintances, many of the players were dressed rather casually when caught on the videos and some videos shows users in their underwear or naked while playing the game at home with family or friends. Worsen the videos also involved private information of teenagers under eighteen. Regardless of its sharing features into social networking websites such as Wechat and Qzone, some sharing videos were also automatically stored on Youku.com, a video website, which anyone can read online.

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Is It Legal for Foreign Company to Transfer User Data out of China?

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(By Wang Ting) Recently, China State broadcast CCTV, imposed Apple Inc. that its iPhone’s ability to track and time-stamp user’s frequent locations without user’s permission infringed user’s privacy. Even though the news impacts turned out to be small in western countries, large amounts of Medias in China reported the news (Note: the link is in Chinese). Within the quicker development of internet and mobile internet, personal data and information has become increasingly frequent cross region and even breaking national boundaries, thus making the transfer of personal data more smoothly. In today’s post, at the beginning of Apple’s device’s location tracking abilities, we will introduce regulations and legal risks concerning how enterprises transfer user data from China to third countries.

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