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China issues draft rules to regulate cross-border data flow

China’s Cyberspace Administration of China (CAC) released a draft guideline on cross-border data transfers, which will prevent the flow of personal information overseas if it risks undermining national security and public interests, in the latest move to safeguard personal data security and the country’s national cyberspace sovereignty, said the Global Times.

Personal information, including ID numbers, addresses and phone numbers collected in China by network operators should be assessed before being sent overseas, according to the draft rule released by China’s cybersecurity regulator. Information which risks undermining national security, public interests or the security of personal information cannot be effectively guaranteed should be prevented from being sent overseas, the draft rule said.

The draft covers Chinese network operators and foreign entities that collect online personal information in China for business purpose. It means that domestic and foreign internet companies, such as Apple, Microsoft and Amazon, cannot share information gathered in China to other countries for commercial purposes or manipulate data for the sake of sabotaging China’s cyberspace security, Xie Yongjiang, deputy director of the Institute of Internet Governance and Law at the Beijing University of Posts and Telecommunications, said.

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