New Chinese measures define consumer personal information
Mon 26 Jan 2015, 11:38

On January 5, 2015, the State Administration for Industry and Commerce of the People’s Republic of China published its Measures for the Punishment of Conduct Infringing the Rights and Interests of Consumers (the “Measures”). The Measures contain a number of provisions defining circumstances or actions under which enterprise operators may be deemed to have infringed the rights or interests of consumers.

According to Article 11, “consumer personal information” refers to “information collected by an enterprise operator during the sale of products or provision of services, that can, singly or in combination with other information, identify a consumer.” Article 11 also provides a list of specific examples of “consumer personal information,” including a consumer’s “name, gender, occupation, birth date, identification card number, residential address, contact information, income and financial status, health status, and consumer status.”

While this definition applies only in relation to consumer personal information, it is an instructive milestone in the continuing emergence of China’s sector-by-sector patchwork of rules and regulations governing the collection and use of personal information.