DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

New Chinese Tort Liability Law Contains Provisions Affecting Personal Data

Posted on January 12, 2010 by Dissent

Hunton & Williams provide more details on the newly passed Chinese tort law:

Certain of its provisions relate, expressly or in a general sense, to personal information. These provisions
can cause data users to incur liability to data subjects for the mishandling of personal information. In particular:

The law (at Articles 2 and 6) states a general principle that any person who infringes on and damages “civil rights and interests” of other persons shall assume tort liability. A right to privacy (隐私权) is included in the list of the protected “civil rights and interests.” (There is, however, no further elaboration on precisely what this right to privacy consists of.) Other “civil rights and interests” that are listed in the new law, and that may be related to privacy and data protection, include rights to health, name, reputation, honor and portrait.

The law establishes the right of an injured party to proceed against an employer if its employees cause damages to other persons in the course of carrying out work-related asks (at Article 34).

The law establishes the right of an injured party to proceed against an Internet service provider (“ISP”)
that uses the Internet to infringe upon the civil rights and interests of another person, or that is aware that
users are utilizing the ISP network to commit a tort and yet fails to take necessary measures (such as
deletion, screening or disconnection) or fails to take necessary measures after receiving notice from an injured
party and by this failure enlarges the damages (at Article 36).

[…]

Read more in their January 2010 Client Alert (pdf).

Image credit: The Great Wall of China at Badaling, by Samxli. This file is licensed under the Creative Commons Attribution 2.0 Generic license.

Category: Breach LawsCommentaries and AnalysesNon-U.S.Of Note

Post navigation

← MGH scandal continues
Health Net reports yet another breach →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Hacker steals $223 million in Cetus Protocol cryptocurrency heist
  • Operation ENDGAME strikes again: the ransomware kill chain broken at its source
  • Mysterious Database of 184 Million Records Exposes Vast Array of Login Credentials
  • Mysterious hacking group Careto was run by the Spanish government, sources say
  • 16 Defendants Federally Charged in Connection with DanaBot Malware Scheme That Infected Computers Worldwide
  • Russian national and leader of Qakbot malware conspiracy indicted in long-running global ransomware scheme
  • Texas Doctor Who Falsely Diagnosed Patients as Part of Insurance Fraud Scheme Sentenced to 10 Years’ Imprisonment
  • VanHelsing ransomware builder leaked on hacking forum
  • Hack of Opexus Was at Root of Massive Federal Data Breach
  • ‘Deep concern’ for domestic abuse survivors as cybercriminals expected to publish confidential abuse survivors’ addresses

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Meta may continue to train AI with user data, German court says
  • Widow of slain Saudi journalist can’t pursue surveillance claims against Israeli spyware firm
  • Researchers Scrape 2 Billion Discord Messages and Publish Them Online
  • GDPR is cracking: Brussels rewrites its prized privacy law
  • Telegram Gave Authorities Data on More than 20,000 Users
  • Police secretly monitored New Orleans with facial recognition cameras
  • Cocospy stalkerware apps go offline after data breach

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.