China - Third Country Assessment
Table of Contents
- 1. APPLICABLE LAW
- 1.1. Are there laws which establish the rule of law and which protect human rights and fundamental freedoms?
- 1.2. What are the laws regulating public authority surveillance of personal data held by private organisations?
- 1.3. What legal bases/purposes are there for public authorities to access personal data held by private organisations? Are these bases/purposes exhaustive or do public authorities have general discretion?
- 1.4. What other limits, such as limits to scope or retention periods, are there to the actions of public authorities?
- 2. EXISTENCE AND FUNCTIONING OF SUPERVISORY AUTHORITIES
- 2.1. Has an independent supervisory authority been established which provides oversight for the protection of privacy, and what is their role?
- 2.2. What are the oversight mechanisms for the approval and review of relevant actions by public authorities? Are there oversight mechanisms in place for when actions by public authorities are conducted in secret?
- 2.3. Are there legal remedies for data subjects?
- 2.4. Can an organisation refuse to comply with a request and what remedies are available to them?
- 3. ADDITIONAL INFORMATION
- 3.1. Do the above provisions apply to both residents/citizens of the jurisdiction and to foreign data subjects? If not, what are the differences?
- 3.2. Has the jurisdiction entered into international commitments, such as legally binding conventions or instruments related to data protection? For example, Convention 108.
- 3.3. Is there any further information that is relevant in regard to public authorities' access to personal data held by private organisations?