ILN Data Privacy Paper

China

6.1.6. Right to explanation Data subjects have the right to request that the data processor explain its rules for processing personal data, including the purposes, methods, categories of data involved, and data retention policies. 6.1.7. Rights of close relatives of deceased individuals I n the event of the death of a natural person, close relatives of the deceased may, for their own lawful and legitimate interests, exercise rights to access, copy, correct, or delete the deceased’s personal data, unless the deceased had made other arrangements prior to death. Processing of the data of Children or Minors Under the PIPL, personal data of children under the age of 14 shall be regarded as sensitive personal data, the processing of which shall be subject to additional legal requirements. Personal Data Processors are obligated to implement specific measures to ensure the security and appropriateness of such data processing, including: Parental or Guardian Consent: data collection and processing must be authorized by the parent or guardian through a clear and informed consent process tailored to minors.

Specialized Processing Policies: Personal Data Processors must establish specific policies for children’s data, including privacy notices designed for both minors and their guardians, data minimization practices, and robust security measures to safeguard the information. Access and Erasure Rights: Parents or guardians retain the right to access, correct, or request the deletion of their child’s personal data at any time.

Regulatory Authorities

8.1. Overview of relevant statutory authorities In China, there is no single authority solely responsible for enforcing personal data protection laws. Instead, a range of law enforcement departments share regulatory responsibilities. Among all these regulators, the most important ones include: The Cyberspace Administration of China (CAC). The Ministry of Public Security (MPS). The Ministry of Industry and Information Technology (MIIT). In practice, regulatory authorities such as the People's Bank of China (PBOC), State Administration for Market Regulation (SAMR), and the China Securities Regulatory Commission (CSRC) also exercise oversight over data processing activities within their respective jurisdictions.

www.llinkslaw.com

Made with FlippingBook - PDF hosting