Author: Accessible Law

Article 60

The State cyberspace administration is responsible for coordinating the protection of personal information and relevant supervision and administration work; and relevant departments under the State Council are responsible for protecting, supervising, and administering personal information within the scope of their respective duties in accordance with the provisions of this Law and relevant laws and administrative regulations.

The duties of relevant departments of local people’s governments at or above the county level in protecting, supervising, and administering personal information shall be determined in accordance with relevant provisions of the State.

The departments mentioned in the preceding two paragraphs are collectively referred to as the departments performing duties of personal information protection.

Article 61

Departments performing duties of personal information protection shall perform the following duties of personal information protection:

(I) carrying out publicity and education on personal information protection, and guiding and supervising personal information processors to protect personal information;

(II) accepting and processing complaints and reports relating to personal information protection;

(III) organizing the evaluation of the protection of personal information such as applications and publish the evaluation results;

(IV) investigating and processing illegal personal information processing activities; and

(V) other duties stipulated by laws and administrative regulations.

Article 62

The State cyberspace administration shall coordinate with the relevant departments in promoting the protection of personal information in accordance with this Law as follows:

(I) formulate specific rules and standards for the protection of personal information;

(II) formulate special personal information protection rules and standards for small personal information processors, sensitive personal information processing, and new technologies and applications such as face recognition and artificial intelligence;

(III) support research, development, and promotion of secure and convenient electronic identity authentication technology, and promote the construction of public services for online identity authentication;

(IV) promote the development of a socialized service system for protecting personal information and support relevant organizations in carrying out assessment and certification services in respect of personal information protection.

(V) improve the mechanism for complaints and whistleblowing reports on personal information protection.

Article 63

Departments performing duties of personal information protection may take the following measures when performing the duties of personal information protection:

(I) inquiry of the parties concerned, and investigation of the circumstances relating to personal information processing activities;

(II) consulting and copying contracts, records, account books, and other relevant materials relating to personal information processing activities of the parties concerned;

(III) carrying out on-site inspection and investigation activities relating to processing personal information suspected of violating laws; and

(IV) checking the equipment and Articles relating to personal information processing activities and may sealing up or seizing the equipment and Articles that are proved to be illegal personal information processing activities upon reporting in writing to the principal of the department and getting approval.

When departments performing duties of personal information protection perform duties in accordance with the law, the parties concerned shall provide assistance and cooperation, and shall not refuse or obstruct such performance.

Article 64

Where departments performing duties of personal information protection find in performing their duties of personal information protection that there are relatively high risks in personal information processing activities or personal information security incidents have occurred, they may interview the legal representative or person chiefly in charge of the personal information processor according to prescribed authority and procedures, or require the personal information processor to entrust professional institutions to conduct compliance audits of their personal information processing activities. The personal information processor shall take measures to make rectification and eliminate hidden dangers as required.

The department that performs the duty of personal information protection and discovers that the illegal processing of personal information is suspected of a crime in the course of performing its duty, shall promptly transfer the case to the public security organ for handling according to law.

Article 65

Any organization or individual has the right to complain or report illegal personal information processing activities to the departments performing duties of personal information protection. The departments receiving such complaints or reports shall promptly process them according to the law and notify the complainants or reporters of the results. The departments performing duties of personal information protection shall make public the contact information for accepting complaints or reports.

Article 66

Where personal information is processed in violation of the provisions hereof, or personal information is processed without fulfilling the personal information protection obligations stipulated in this Law, the departments performing duties of personal information protection shall order the processor to make rectification, give a warning and confiscate its illegal gains, or order the application that illegally processing personal information to suspend or terminate the provision of services; if rectification is refused, a fine of not more than RMB 1 million shall be imposed concurrently on the processor; and a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed on the person directly in charge of the processor and other directly liable persons. Where an illegal act specified in the preceding paragraph is committed and the circumstances are serious, the departments performing duties of personal information protection at or above the provincial level shall order the processor to make rectification, confiscate its illegal gains and impose a fine of not more than RMB 50 million or not more than 5% of its turnover of the previous year on the processor, and may also order the processor to suspend relevant business or to suspend business for rectification, and notify the relevant competent departments to revoke the relevant business permit or business license; and a fine of not less than RMB 100,000 but not more than RMB 1 million shall be imposed on the persons directly in charge and other directly liable persons, and such persons may also be prohibited from serving as directors, supervisors, senior managers, and persons in charge of personal information protection of relevant enterprises for a certain period of time.

Article 68

Where a State organ fails to perform its obligations of protecting personal information as specified in this Law, its superior organ or the department performing the duties of personal information protection shall order it to make rectification, and impose sanctions on the person directly in charge and other directly liable persons according to law.

Where the staff of departments responsible for personal information protection are guilty of dereliction of duties, abusing official powers, or malpractice for personal gain but yet to constitute a crime, they shall be punished pursuant to the law.

Article 69

Where the right and interests of personal information are infringed upon due to personal information processing and cause damages, and the personal information processor cannot prove that it is not at fault, it shall bear the tort liability for damages.

Liability for damages prescribed in the preceding paragraph shall be borne in light of the losses thus caused to the individuals concerned or the benefits thus obtained by the personal information processor; if the losses thus caused to the individuals concerned or the benefits thus obtained by the personal information processor are difficult to be determined, the people’s court shall determine the amount of compensation according to the actual circumstances.