Bay area enterprises quick look! The focus of the data regulations of Shenzhen Special Economic Zone just released is coming!

​7 month 6 Number , Promulgated by the Standing Committee of the Shenzhen Municipal People's Congress 《 Shenzhen Special Economic Zone data regulation 》（ hereinafter referred to as 《 Regulations 》）, since 2022 year 1 month 1 The effective date .《 Regulations 》 Covered personal data 、 Public data 、 Data element market 、 Provisions on data security and other aspects and corresponding legal responsibilities , It is the first basic in the domestic data field 、 Comprehensive legislation .

One 、《 Regulations 》 What are the regulations on data processing for enterprises and institutions ？

《 Regulations 》 It defines the main responsibilities of enterprises and institutions in data processing .《 Regulations 》 Article 57 of Chapter IV provides that ,“ Market players carry out data processing activities , The responsibility of the data management body should be implemented , Establish and improve the data governance organization structure 、 Management system and self-assessment mechanism , Protect and manage data by classification and classification , Strengthen data quality management , Ensure the authenticity of the data 、 accuracy 、 integrity 、 timeliness .”

Besides ,《 Regulations 》 For the market players in the collection of information 、 The circulation 、 Storage 、 transaction 、 The destruction and other links have made specific provisions .

Two 、 This time 《 Regulations 》 What are the provisions with pilot significance in ？

1. Define the protection of minors

Article 20 of Chapter II stipulates that , Processing personal data of minors under the age of 14 , In accordance with the relevant provisions on processing sensitive personal data , And shall obtain the express consent of his guardian before handling ; Processing personal data of adults without or with limited civil capacity , The express consent of the guardian shall be obtained before handling .

2. Take the lead in proposing in legislation “ Data rights ”

Make it clear that natural persons enjoy personal rights and interests for personal data according to law , Including informed consent 、 Supplementary correction 、 Delete 、 Access to rights and interests such as reproduction .

3、 ... and 、 At the level of personal data protection 《 Data regulations of Shenzhen Special Economic Zone 》 What provisions have been made ？

More strict protection of personal information , For example, illegal access to user information 、“ Big data kill ”、“ User portrait ”、 Data abuse and other phenomena that netizens hate ,《 data 》 Are clearly limited .

《 Regulations 》 It clearly stipulates that natural persons enjoy personal rights and interests for their personal data , And established five basic principles for processing personal data , That is, legitimate 、 The least necessary 、 Open and transparent 、 The principle of accuracy, completeness and safety .

meanwhile , To crack down on personal data infringement ,《 Regulations 》 It has also increased the punishment for violations , Regulations “ Infringe on other market players 、 The legitimate rights and interests of consumers , serious , Impose a fine of less than 5% of the turnover of the previous year , Up to 50 million yuan ”; In terms of system , Article 13 of Chapter II provides that ,“ Establish a mechanism for handling personal data protection complaints , Handle relevant complaints and reports according to law ”.

Four 、 What are the impacts on the development of local digital economy ？

The value of data is mobility .《 Regulations 》 One highlight is to explore the establishment of a data trading system , And put “ Data element market ” Included in the 《 Regulations 》 A separate chapter in .

In the fourth chapter “ Data element market ” in ,《 Regulations 》 Define the scope of data transaction , namely “ Data products and services formed by legally processing data ”, At the same time , The Municipal People's Government shall promote the establishment of a data trading platform , Guide market participants to conduct data transactions through the data trading platform .

At the public data level , Make it clear “ Public data should be shared , No sharing is an exception ” Principles , It also specifies that the municipal government affairs service data management department shall undertake the daily work of the municipal public data professional committee . This provision may have a significant impact on promoting the digital development of local government affairs .

5、 ... and 、 Whether local data security regulations will become the norm ？

In the field of biometrics ,2020 In, Hangzhou, Zhejiang Province, took the lead in initiating the local legislation of face recognition prohibitions in China ——《 Hangzhou property management regulations （ Revised draft ）》;2021 year 1 month 1 Tianjin releases 《 Tianjin social credit regulations 》, It stipulates that enterprises and institutions 、 Industry Association 、 The chamber of Commerce prohibits face collection 、 The fingerprint 、 Voice and other biometric information .

Issued by Shenzhen this time 《 Regulations 》 It is the first basic in the domestic data field 、 Comprehensive legislation ,《 Regulations 》 Insist on paying equal attention to personal information protection and promoting the development of digital economy , The content covers personal data 、 Public data 、 Data element market 、 Data security, etc .

With the further development of digital economy , The value of data security as a market element is constantly improving , In the future, there should be more local laws and regulations .

If you want to know the detailed rules of Shenzhen Special Economic Zone data regulations , Please click on “ Shenzhen Special Economic Zone data regulation ”.