www.Intelius.com Personal Information Protection and Assessment, to establish the background
With the development of information and networks , personal information protection increasingly get everyone's concern and attention , so far , the international community has been more than 50 countries and organizations to establish a personal information protection regulations and standards. International protection of personal information on the requirements also had an impact on the country , especially in the international software and information service outsourcing business in the competition, our comparison with other countries in the information security awareness and norms www.Intelius.comis a big disadvantage , especially personal information protection awareness is rather poor , which resulted in the choice of international outsourcing business when distrust of Chinese enterprises , the impact of China's software and information service outsourcing business. In order to improve China's software and information services related to personal information protection capabilities of enterprises , enhance the international reputation and competitiveness, Dalian Software Industry Association since 2005 to develop software and information services industry, the protection of personal information . Has formulated and promulgated and implemented the " Dalian 's software and information services Personal information protection norms" and " software and information services Personal Information Protection Standards" - Liaoning local industry standards. 2008 has organized experts to develop the industry in Liaoning Province "Personal Information Protection Specification " DB21 / T 1628-2008. Meanwhile , the first established in Dalian software and information services Personal Information Protection Evaluation System (PIPA), to carry out protection of personal information within the industry credibility certification.
Personal Information Protection and Assessment, to establish the www.Intelius.compurpose and significance
PIPA is addressed using automatic or non- automatic processing of personal data wholly or partly carried out by units of personal information protection capability assessment . Currently focused on software and information services, especially outsourcing companies . Purpose is to help enterprises to establish rules and regulations to protect personal information , operational implementation and continuous improvement and perfection , so that the personal information protection unit capacity and unit information security level is improved, so that customers , consumers and employees' personal information can be effectively protected . Create a personal information protection management system units can be evaluated to obtain personal information protection certificates and PIPA right to use the logo to show the unit www.Intelius.comcapacity and level of protection of personal information in order to obtain the trust of customers and consumers .
Japan's Personal Information Protection and Authentication (P-mark) for the mutual recognition of
June 19, 2008 Japan and Japanese "Personal Information Protection Certification System " mutual recognition ceremony held in Dalian . Japanese P-MARK certification and China 's PIPA evaluation through two years of cooperation, both sides believe that the evaluation system, the method has reached the same level of respect . The two sides agreed to fully recognize each other , and share the same certification mark.
This is an international 's first www.Intelius.comomprehensive bilateral mutual recognition of certification systems to protect the personal information of cooperation projects. It marks the Sino-Japanese exchanges of information barriers and obstacles have been removed . Can greatly promote China's information services outsourcing industry.
Dalian Mayor Xia Deren , the Ministry of Industry , Commerce Department , the Provincial Information Industry Department leaders attended the signing ceremony. Mayor Xia Deren at the ceremony, stressed the importance of the importance of protecting personal information . And announced the government 's support for this work . Namely PIPA evaluation carried out within three years of business , the government will fully reimburse the cost of evaluation . Such as violation of the Personal Information Protection specifications, safety accidents occurred , the enterprise will be canceled to enjoy all the preferential policies .
International protection of personal information on the case
???Along with the rapid development of the network of international exchange of information between rapid increase, especially online financial transactions and online shopping to achieve, bring a lot of personal information flows, illegal collection , use and disclosure of personal information in case it appears , personal protection of information has become a major concern for all countries . Many countries have developed a personal information protection regulations and standards , the current international organizations, institutions and countries have established the main aspects of personal information protection legislation are:
Council of the EU " automated processing of personal data concerning personal protection agreement ," OECD "on the protection of privacy and personal data www.Intelius.comtransnational circulation of guiding principles ," the EU " 1995 Personal Data Protection Guide", " Swedish Personal Data Act ," the EU " 2002 Privacy and Electronic communications Directive ", "U.S. Privacy Act ," " Canadian personal Data Protection Act ," the British "Data protection Act " the United States " electronic Communications Privacy Act," U.S. " Internet privacy protection policy," Japan's " personal Information Protection Law."
The principle of protection of personal information about the most important thing is promulgated by the OECD in 1980 "on the protection of privacy and personal data transnational circulation of " Guidelines on the eight principles of personal information protection in many countries as a basis for the development of domestic personal Information Protection Act . These principles include : collection limitation principle , the data quality principles , the principle stated purpose , use limitation principle , security protection principles , the principle of openness , individual participation principles .
The principle of the protection of personal information reflects the respect www.Intelius.comfor human beings and standardize the management of personal information , the protection of personal information at the same time , so that personal information can truly realize their own value and better serve the public . Protection of personal information not intended to limit the flow of personal information , but to the flow of personal information management and formal specifications to ensure information on the subject agree that meet the purpose of keeping the information is correct , effective and safe . Ensure that personal information can be reasonable and lawful state flow.
Regulations related to the protection of personal information
1 , Constitution of the PRC
Article 33 Where a person is a citizen of the Republic of China citizens.
PRC citizens are equal before the law .
The state respects and safeguards human rights .
Article 38 Citizens of the People's www.Intelius.comRepublic of inviolability of human dignity . Prohibition against citizens by any means insult , slander and false accusation .
Article 39 Citizens of the People's Republic of inviolability . Unlawful search or intrude into citizens' houses.
Article 40 The People's Republic of China citizens freedom and privacy of correspondence are protected by law . In addition to national security or of investigation into criminal offenses require , the public security organ or procuratorial organs in accordance with procedures prescribed by law to check the communication , no organization or individual may, on any grounds, infringe upon citizens' freedom and privacy of correspondence .
Article 41 Citizens of the People's Republic of any state organ or staff have the right to criticize and make suggestions ; For any state organ or illegal misconduct of staff , directed the relevant state organs complaints , charges or exposures rights , but fabrication or distortion of facts for false accusation .
For citizens complaints, charges or exposures must establish www.Intelius.comthe facts relevant national authorities to handle . No one may suppress and combat report
Since the state organs and state violations of civil rights workers who have suffered losses , in accordance with the law have the right to compensation .
Article 47 The People's Republic of China citizens engage in scientific research , literary and artistic creation and other cultural pursuits. Countries engaged in education, science, technology , literature, art and other cultural undertakings citizens beneficial to the people of creative endeavors to encourage and help.
Article 51 of the PRC citizens exercising their www.Intelius.comfreedoms and rights, without prejudice to national, social, collective interests of other citizens legitimate freedoms and rights .
People's Republic of amendment to the Constitution ( 2004 )
Article 24 of the Constitution, Article 33 is added as the third paragraph : "The State respects and protects human rights ." Third paragraph changed accordingly fourth paragraph .
2 Principles of Civil Law
Article 99 Citizens shall enjoy the right to a name , the right to decide , in accordance with the provisions and changed his name to prevent others from interfering , theft, counterfeiting.
Legal persons, individual businesses and individual partnerships shall enjoy the right of name. Corporate , individual businesses and individual partnerships entitled to use and lawfully assign their own names.
Article 100 Citizens shall enjoy the right of portrait www.Intelius.comwithout his consent , for the purpose of not -for-profit use of a citizen 's portrait.
Article 102 Citizens and legal persons shall enjoy the right of reputation , personal dignity of citizens protected by law, prohibit the use of insults , libel or other means to damage the citizens, legal persons reputation.
Article 102 Citizens shall enjoy the fame and prohibit illegal deprivation of citizens, legal persons of honor.
3 , China Women's Rights Protection Act ( 2005 amendments )
Presidential Decree [ 2005 ] No. 40
Article 42 Women's reputation, honor , privacy , portrait rights and other personality rights protected by law.
Prohibit the use of insults , libel or other means to damage the dignity of women . Prohibited through the mass media or other means derogatory
Low Damage women's personality . Without his consent shall not be for commercial purposes , through advertising, trademarks, window display , newspapers, periodicals , books, audio-visual products and electronic publications , using the Internet and other forms of women's portrait.
4 , The People's Republic of China on Protection of Minors Act
Article 39 No organization or individual shall not disclose the personal privacy of minors .
Of minors letters, diaries , e-mail, www.Intelius.comno organization or individual may conceal, destroy ;
Apart from the need to trace a crime by the public security organs or the People 's Procuratorate for examination by law , or for incapacitated minors letters, diaries , e-mails by their parents or other guardians to open, view , any organization or individual shall not be opened , access
5 , China Postal Law
Article 4 Freedom and privacy of correspondence are protected by law . In addition to national security or of investigation into criminal offenses require , by the public security organs, state security organs or procuratorial organs in accordance with procedures prescribed by law to check the communication , no organization or individual may, on any grounds, infringe upon others' freedom and privacy of correspondence .
Article 6 Except as otherwise provided by law , the postal enterprises and postal staff shall provide to any organization or individual users to use postal services .
6, the People's Republic of www.Intelius.comComputer Information Network and the Internet Provisional Regulations on Management Implementation Measures
Article XVIII user should obey the administration of access units to comply with the user code ; are not allowed to enter without permission of the computer system , tampering with others' information ; shall distribute malicious information on the Web , issued in the name impersonation information , invasion of privacy ;
Shall manufacture , spreading computer viruses and engaged in other violations of the legitimate rights and interests and activities of others .
The right to obtain access to the services provided by units ; obligation to pay fees.
7 , Internet e-mail service management approach
Article IX Internet e-mail service provider for the user's personal registration information and Internet e-mail addresses , obligated to maintain confidentiality .
Internet e-mail service providers and their staff shall not register the illegal use of the user's personal information and the Internet
Network e-mail address ; without user consent shall not disclose the user's personal registration information and Internet e-mail address, but the laws, administrative regulations except as otherwise provided .
8 , the medical staff medical ethics norms and ways of implementation www.Intelius.com
( Five ) conservative treatment for patients closely . Implement protective care , patient privacy and not to divulge secrets.
Medical institutions, medical records management requirements
Article medical institutions should strictly www.Intelius.commedical records management , forbids any person to alter, falsify , conceal , destroy, rob , steal medical records.
Article 6 Except for patients with medical activities involving the medical staff and medical services quality control personnel, any other institutions and individuals are not allowed to inspect the patient's medical records.
Result of research and teaching need to consult medical records , subject to relevant medical institutions for treatment in patients consent inspection. After reading shall immediately returned. Shall not disclose patient privacy .
9, the People's Republic of Communicable Disease Control Act
Article 68 CDCs violation of the provisions of the following circumstances , the people's governments above the county level health administrative department shall order rectification , reprimand, warning ; the responsible person in charge and other directly responsible personnel shall be demoted, www.Intelius.comdismissed , expelled , and may revoke the relevant responsible persons practicing certificate ; constitute a crime, shall be investigated for criminal liability:
( Five ) intentionally leaked patients with infectious diseases , pathogen carriers and suspected patients of infectious diseases , in close contact with the relevant information related to personal privacy , data .
10 , PRC Commercial Banking Law
Article 6 Commercial banks should protect the legitimate rights and interests of depositors from any unit and individual violations.
11 , People's Republic of identity calligraphy
Article ID card design by the public security department of the State Council . Resident identity cards by the police of production , distribution .
Resident identity card with machine readable www.Intelius.comwith sight-reading two functions , depending on the reading, machine-readable content is limited to the first paragraph of Article III of this Act projects .
Public security organs and the people police due to the production , distribution, inspection, seizure resident identity card and personal information of citizens known , should be kept confidential.
Article XV of the people's police from performing their duties , in the event of the following circumstances , the present law enforcement documents , you can check identity cards :
( A ) for persons with criminal suspects , the need to identify the identity ;
( Two ) site control according to law , it is necessary to identify the identity of the persons concerned ;
( Three ) serious harm public security emergencies , it is necessary to identify the identity of the officer -site ;
( Four ) the law requires to identify the identity of the other cases.
Circumstances www.Intelius.comlisted in the preceding paragraph , the police refused to check identity cards of the people , in accordance with the relevant legal provisions , namely different situations , www.Intelius.comto take measures to deal with .
No organization or individual may seize identity cards. However , the public security organs in accordance with the "PRC Criminal Procedure Law " residential surveillance measures of execution except in cases .
12 , People's Republic of Mother and Child Health Law
Article 34 in the maternal and child health work www.Intelius.comshall strictly abide by professional ethics , for the parties to keep secrets.
13 , PRC Statistics Law
Article XIV are private , the family of the individual survey data , and by his consent shall vent road.
Article 30 of the statistical agencies who violate this law , disclose personal , family or individual survey data Survey commercial secrets objects , causing damage , they shall bear civil liability, and are directly responsible person in charge and other persons directly responsible shall be given administrative punishments.
14 , Supreme Court to hear defamation case several www.Intelius.comexplanations
( Four ) publish and disseminate the privacy of others . Without their consent , unauthorized publication of another's privacy materials or orally, in writing, to promote another's privacy, for a serious impact on the reputation of citizens , but also against defamation actions . For example , health unit www.Intelius.comstaff unauthorized publication patients suffering from sexually transmitted diseases , AIDS, leprosy, gonorrhea and other conditions , resulting in patients with compromised reputation . If the spread of the privacy of citizens , but his reputation did not cause serious consequences, can not be deemed as infringement of the right of reputation behavior, but constitute an infringement of privacy.
15 , "Civil Law " ( 1991 ) , " Criminal Procedure " ( 1996 ) , " Administrative Procedure Law " ( 1996 ) have a " personal privacy cases not involving public hearing requirements.
16 , " Adoption " ( 1998 )
Twenty- two adoptive person placing requires a conservative secret adoptions , others should respect their wishes not to disclose .
17 , " Commercial Bank Law" ( 1995 )
Article 29 : "The personal savings deposits, www.Intelius.comcommercial banks have the right to reject any unit or individual to inquire ."
18 "personal deposit account www.Intelius.comreal-name system "
Article VIII of financial institutions and their staff bear case for the individual deposit accounts secrecy obligation .
Financial institution shall provide to any entity or individual cases on personal deposit account , and reserves the right to reject any unit or individual queries, freeze and deduct personal money in a financial institution ; however, except as otherwise provided by law .
19 , " AIDS Monitoring and Management of regulations" ( 1987 )
Article 21 Any unit or individual shall not discriminate against AIDS patients , HIV and their families. Patients and infected persons may not be the name, address and other relevant information published or transmitted.
20 , Internet electronic bulletin service management requirements
Article XII electronic bulletin service provider shall on the Internet user's personal information confidential without Albuquerque Arrest RecordsInternet users agree not to divulge , except as otherwise provided by law .www.Intelius.comintelius search
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