China continues to be a hotbed of activity in the areas of privacy and cybersecurity legislation. For background on the draft Personal Information Protection Law (“PIPL”) and proposed modifications published in April 2021, please see:
China Releases Second Draft of the Personal Information Protection Law: Comparison of Proposed Changes to First Draft (Security & Privacy // Bytes Blog)
China’s Personal Information Protection Law (Second Draft) – What to Expect (Consumer Privacy World Blog)
In a related development, on April 26, 2021, the Ministry of Industry and Information and Technology of People’s Republic of China (the “MIIT”) issued draft Interim Measures on Personal Information Protection of Mobile Internet Applications “Measures”), for public comments.
This draft Measures follow several rounds of enforcement actions relating to mobile applications (“apps”) in recent years, targeting the over-collection of users’ personal information (“PI”) by demanding access to camera, microphone, photos, contact lists, etc. Currently, these activities are covered by two app-related practical guidelines, and the proposed Measures are the first comprehensive rules on the topic. The draft Measures specify various requirements and obligations applicable to app developers, distribution platforms, third-party app service providers, mobile device manufacturers and network access service providers. Other important provisions may be summarized as follows:
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