Author: Accessible Law

Article 70

Where a personal information processor processes personal information in violation of the provisions of this Law, which infringes upon the rights and interests of a large number of individuals, the people’s procuratorate, the consumer organizations specified by law and the organization determined by the State cyberspace administration may file a lawsuit with the people’s court in accordance with the law.

Article 71

Where a violation of the provisions of this Law constitutes a violation of public security administration, a public security administration punishment shall be imposed in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.

Article 72

This Law shall not be applicable to the processing of personal information by a natural person by virtue of his/her personal or family affairs. Where there are legal provisions on the processing of personal information in the statistical and archive administration organized and implemented by the people’s governments at all levels and the relevant departments thereof, such provisions shall apply.

Article 73

For the purposes of this Law, the following terms are defined as follows:

(I) A personal information processor refers to any organization or individual that independently determines the purpose and method of processing in personal information processing activities.

(II) An automatic decision-making refers to an activity to automatically analyze and evaluate a person’s behavior habits, hobbies or economic, health or credit status through computer programs and make decisions.

(III) De-identification refers to the process in which personal information is processed so that it is impossible to identify certain natural persons without the use of additional information.

(IV) Anonymization refers to the process in which the personal information is processed so that it is impossible to identify a certain natural person and unable to be recovered.