Data Security Law of the People's Republic of China
09/08/2022, 06:44
time-efficient, and improve the ability of using data to serve economic and
social development.
Article 38 Where state organs need to collect or use data to perform their
statutory duties, they shall collect or use data within the scope as needed for
performance of their statutory duties and under the conditions and procedures
provided by laws and administrative regulations. They shall, in accordance
with the law, preserve the confidentiality of the data accessed in the course of
performing their duties, such as personal privacy, personal information, trade
secrets, and confidential business information, and shall not divulge such data
or illegally provide them to others.
Article 39 State organs shall, in accordance with the provisions of laws
and administrative regulations, establish sound data security management
systems, fulfill data security protection responsibilities, and ensure the security
of government data.
Article 40 Where a state organ entrusts others to construct or maintain egovernment systems, or to store or process government data, the state organ
shall go through strict approval procedures, and shall supervise the entrusted
party in the performance of data security protection obligations. The entrusted
party shall perform its data security protection obligations in accordance with
the provisions of laws, regulations, and contracts signed, and shall not retain,
use, divulge, or provide others with government data without authorization.
Article 41 State organs shall, under the principles of fairness, equality and
convenience for the people, disclose government data in a timely and accurate
manner in accordance with the provisions, except those which shall not be
disclosed in accordance with the law.
Article 42 The state shall formulate the catalog of open government data,
build an open, uniform, standardized, interconnected, safe and controllable
government data platform, and promote the release and utilization of
government data.
Article 43 The provisions of this Chapter shall apply to the data processing
carried out by the organizations with the functions of administering public
affairs as authorized by laws and regulations for the purpose of performing
their statutory duties.
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