Thank you for the opportunity to share with the National People’s Congress our comments on certain draft updates to the Civil Code regarding personal information and data privacy protection. Our organizations represent companies across a wide range of industries, with deep, long-standing commercial ties with China. Many of us have shared concerns over provisions regarding personal information and data privacy in China’s Cybersecurity Law, Ecommerce Law, and other sectorspecific regulations [and standards], and we have some similar concerns with regard to the draft amendments to the Civil Code at Part 3, Chapter 6.
This new draft language in the Civil Code appears intended to carve out explicit protections for personal privacy and individual rights, but regrettably presents concerns over the protection of personal privacy and for the service of consumer interests. Some of these provisions do not align with established and proven industry best practices, and could result in less effective protection of data, while also impeding companies’ ability to deliver the best products and services to Chinese consumers.