This Law shall apply to the activities of a State organ to process personal information; where there are special provisions in this Section, the provisions of this Section shall apply.
Category: Processing Personal Information by State Organs
Article 34
The processing of personal information by a State organ for the purpose of performing its statutory duties shall be under the authority and procedures prescribed by laws and administrative regulations and shall not exceed the scope and limit necessary for performing its statutory duties.
Article 35
A State organ processing personal information for the purpose of performing its statutory duties shall perform the obligation of notification in accordance with this Law, except for circumstances prescribed in Paragraph 1 of Article 18, or the notification will hinder the State organ from performing its statutory duties.
Article 36
The personal information processed by a State organ shall be stored within the territory of the People’s Republic of China; where it is necessary to provide such information to an overseas party, a security assessment shall be conducted. Relevant departments may be required to provide support and assistance for security assessment.
Article 37
The provisions of this law on personal information processed by State organs shall apply for personal information processing by organizations authorized by laws and regulations with the function of managing public affairs to perform statutory duties.
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.