Xerox Litigation Services on China’s new data and cybersecurity regulations

Xerox Litigation Services‘ increasing interest in the Asia-Pacific region appeared in an interesting article on the Xerox E-Discovery Talk blog last year by Rachel Teisch about the new Hong Kong eDiscovery practice direction. It was called A Game-Changer for E-Discovery in Hong Kong which was widely distributed by others with an interest in the region.

Rachel Teisch has now turned her attention to new restrictions on the use of personal data in China and to new cybersecurity regulations in her article headed  Are China’s New Data and Cybersecurity Regulations a Wolf in Sheep’s Clothing?

One of the reasons why Xerox Litigation Services is interested in these subjects is that it is engaged in cross-border eDiscovery projects in China which inevitably run into the laws which are designed primarily to protect Chinese state secrets. The new privacy law, the snappily named Measures for the Punishment of Conduct Infringing the Rights and Interests of Consumers is, as its name implies, designed for the protection of individuals rather than companies or the state. It comes into effect on 15 March.

The range of information protected by the new law includes specific reference to “status of income and assets, health status, and consumption habits” in addition to the already wide range of personal data types covered by EU and other data protection laws.

Rachel Teisch’s article refers also to new rules which, although primarily intended as anti-terror legislation, would have much wider implications, some of which, Rachel Teisch says, would have the effect of jeopardising the security of the data. Since her article was published, the proposed laws have been postponed, not least because of strong representations from the US, and at a Presidential level. It seems that the third reading of the bill has been suspended for the moment

As you would perhaps expect from a company of this size, Xerox Litigation Services is increasingly writing across a wide range of subjects of importance to international corporations, covering many different aspects of information data protection and collection. You can sign up for email notifications from the article.

About Chris Dale

I have been an English solicitor since 1980. I run the e-Disclosure Information Project which collects and comments on information about electronic disclosure / eDiscovery and related subjects in the UK, the US, AsiaPac and elsewhere
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