CHINA Law and Practice Contributed by: Jihong Chen, Zhong Lun Law Firm
• the consumer organisations specified by law; and • the organisations determined by the CAC. In the past few years, the number of public interest litigation cases regarding PI protection has increased year by year. For example, pros - ecutors handled over 2,000 cases in 2021 and this number surged to more than 6,300 cases in 2023. This upward trend reflects the growing frequency of legal actions concerning PI protec - tion initiated by prosecutors and shows the great importance attached to PI protection. 3. Data Regulation on IoT Providers, Data Holders and Data Processing Services 3.1 Objectives and Scope of Data Regulation Objectives of Data Regulation In China, regulations addressing the use of IoT services and the rights and obligations of data holders and data processing services are pri - marily shaped by a combination of data pro - tection laws, regulations and industry-specific guidelines – ie, the Three Fundamental Laws and certain industrial measures and/or stand - ards, such as: • the Measures on Safety Evaluation for Cloud Computing Services ( 云计算服务安全评估办法 ); • Information Security Technology – Security Technical Requirements of Data Transmission for IoT (GB/T 37025-2018 信息安全技术 — 物联网数 据传输安全技术要求 ); • Notice of the Pilot Programme of Vehicle- Road-Cloud Integration Application for Intel - ligent Connected Vehicles ( 关于开展智能网联汽车 ” 车路云一体化 ” 应用试点工作的通知 );
• Guidelines for the Construction of Network Security and Data Security Standard System for Telematics ( 车联网网络安全和数据安全标准体系建 设指南 ), etc. Through the above regulations, China aims to protect the security and privacy of data col - lected through IoT devices, which may include PI, important data (ie, data that, once tampered with, destroyed, leaked, illegally obtained or ille - gally used, may endanger national security, eco - nomic operation, social stability, public health and security, etc, the specific scope of which is stated in the catalogues of important data formulated by the national, regional and other relevant departments) and other sensitive infor - mation that may be generated, stored or trans - mitted via IoT devices. China also promotes the secure use and free flow of such data involved in IoT services, pro - motes the availability and accessibility of data, and enhances the activity of the data-driven economy, as set out under the Opinions on Building a Basic Data System to Better Play the Role of Data Elements (“Opinions”; 关于构建数据 基础制度更好发挥数据要素作用的意见 ). Scope of Data Regulation The main scope of regulations on IoT services, data holders and data processing services is as follows. • The CSL emphasises the security of network and information infrastructure from the per - spective of technology, and applies to any IoT service that operates on a network. It impos - es requirements for network operators, which could be either data holders or data process - ing service providers, to ensure the security of their networks, including IoT devices.
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