(Xinhua)09:16, June 14, 2019
BEIJING, June 13 (Xinhua) — The Cyberspace Administration of China on Thursday started to solicit opinions from the public on the draft methods regarding the security assessment of cross-border transfer of personal information.
The evaluation targets the countrys internet operators who provide overseas recipients with personal information collected in their operation in China, which includes a persons full name, date of birth, identity card number and other important data, according to the draft methods.
If the security evaluation finds that a cross-border transfer of personal information might impact national security, damage public interests or cannot guarantee the safety of the personal information, the transfer will be suspended, the draft methods read.
The draft stipulates that before making a cross-border transfer of personal information, internet operators should submit a security evaluation to their respective provincial-level cyberspace administrations.
The evaluation mainly focuses on whether a transfer follows relevant laws and policies, whether the relevant contracts fully protect the legitimate rights and interests of a person whose personal information are collected, and whether the operators and recipients have been involved in internet security incidents before, according to the draft.
It stipulates that internet operators should set up databases on the cross-border transfer of personal information, and should keep the data for at least five years.
If any of the following situations occur, such as a major leak or abuse of personal information by internet operators or recipients, the inability of a person to protect his or her personal legitimate rights, or the inability of internet operators or recipients to guarantee the safety of personal information, cyberspace administrations can ask operators to stop transferring the data overseas, the draft reads.
For any cross-border transfer of personal information that violates regulations, any individual or organization can report it to cyberspace administrations at the provincial level or above or other relevant authorities, according to the draft methods.