The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Sunday, September 09, 2007

China privacy law due next year 

According to China Daily, China will be enacting a privacy law in the next year or so:

Law on personal info 'next year'

...Zhou said the draft clarifies the legal duty of entities, especially enterprises, to protect personal information by following some basic principles.

For example, it says, an entity must specify the purpose personal information will be used for while collecting them. The entity has to make it clear that the information will not be used for any other purpose without the prior consent of the persons.

The draft bans any entity from providing personal information to a third party without the prior approval of the persons. Anyone found violating that could be fined and/or imprisoned, Zhou said.

There are exemptions, though. For instance, such information can be divulged to save a life or in public interest, or for criminal and tax investigations. To ensure press freedom, the media under certain conditions have also been exempted.

"The law has to protect personal rights, but it cannot disrupt the normal flow of information or social governance and supervision," Zhou said.

The draft's review has so far not been included in the legislation agenda of the Standing Committee of the National People's Congress, the country's top legislature.

Experts have hailed the move to have such a law. "It's a milestone in privacy protection in China," Heilongjiang University civil law professor Sun Yi said.

China doesn't have clear legal provisions to protect privacy at present, so victims can't protect themselves even through lawsuits.

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