China: Draft Shenzhen Special Economic Zone Data Interim Regulation submitted for deliberation
The Standing Committee of Shenzhen Municipal People's Congress announced, on 29 December 2020, that the Shenzhen Special Economic Zone Data Interim Regulation (Draft) was submitted on 28 December 2020 for deliberation. In particular, the standing committee highlighted that the collection and processing of privacy-related personal data requires express consent, noting however, that situations such as national security, public interest, and the legitimate interests of enterprises, allow for the collection and processing of natural persons data without consent. In addition, the standing committee outlined that the draft regulation stipulates that natural and legal persons, as well as unincorporated organisations enjoy data rights such as independent determination, control over processing, and can claim compensation for damage to specific data.
Furthermore, the standing committee detailed that the draft regulation will establish a data management committee system that covers all public management and service agencies in the city under the coordination of the municipal affairs data department, and a data resource catalogue management system to solve problems of data redundancy and inconsistency caused by multiple collection. Finally, the standing committee emphasised that this will be China's first comprehensive special legislation in the field of data and the first proposed protection of data rights in regional legislation.