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The 15th meeting of the Standing Committee of the 12th National People's Congress performed initial review of this "People's Republic of China Cybersecurity Law (Draft)" in June 2014. The " People's Republic of China Cybersecurity Law (Draft)" is hereby released to the public on the Chinese National People's Congress website for collection of public comments. The public can directly log in to the NPC website (www.npc.gov.cn)）and provide comments; and may also mail comments to the Legislative Affairs Committee of the Standing Committee of the National People's Congress, (1 West Qianmen Avenue, Xicheng District, Beijing 100805) [in Chinese: 北京市西城区前门西大街1号，邮编：100805. Please clearly indicate on the envelope that it is a comment on the Cybersecurity Law draft. The consultation period concludes on: August 5, 2015.
People's Republic of China Cybersecurity Law (draft)
Article 1: This law is formulated so as to ensure network security, to preserve cyberspace sovereignty, national security and the societal public interest, to protect the lawful rights and interests of citizens, legal persons and other organizations, and to promote the healthy development of economic and social informatization.
Article 2: This law applies with respect to the construction, operation, maintenance and usage of networks, as well as network security supervision and management within the mainland territory of the People's Republic of China.
Article 3: The State persists in equally stressing network security and informatization development, and abides by the directives of active use, scientific development, management in accordance with law, and ensuring security; and advances the construction of network infrastructure, encouraging innovation and application of network technology, establishing and completing systems to safeguard network security, and raising the capacity to protect network security.
Article 4: The State advocates sincere, honest, healthy and civilized network conduct, adopting measures to raise the entire society's network security awareness and level , and forming a good environment for the entire society to jointly participate in advancing network security.
Article 5: The State actively launches international exchange and cooperation in the areas of cyberspace governance, research and development of network technologies, formulation of standards, attacking cybercrime and illegality, and other such areas; promoting the construction of a peaceful, secure, open and cooperative cyberspace.
Article 6: The State network information departments are responsible for comprehensively planning and coordinating network security efforts and related supervision and management efforts. The State Council Ministry of Industry and Information Technology, and public security, as well as other relevant departments, are responsible for network security protection, supervision and management efforts within the scope of their responsibilities, in accordance with the provisions of this Law, relevant laws and administrative regulations.
Network security protection, supervision and management duties for relevant departments in people's governments at the county level or above will be determined by relevant national regulations.
Article 7: The construction and operation of networks or provision of services through networks shall be in accordance with the provisions of laws and regulations and the mandatory requirements of State or industry standards; adopting technical measures and other necessary measures to protect network security and operational stability, effectively responding to network security incidents, preventing cyber crimes, and safeguarding the integrity, secrecy and usability of online data.
Article 8: Relevant network trade organizations are to, according to their Articles of Association, strengthen industry self-discipline, formulate behavioural network security norms, guide their members in strengthening network security protection according to the law, raise the protection levels of network security, and stimulate the healthy development of the industry.
Article 9: The State protects the rights of citizens, legal persons, and other organizations to use networks in accordance with law; it promotes widespread network access, raises the level of network services, it provides secure and convenient network services to society, and guarantees the lawful, orderly and free circulation of network information.
Any person and organization shall, when using the network, abide by the the Constitution and laws, observe public order and respect social morality, they must not endanger network security, and must not use the network to engage in activities harming national security, propagating of terrorism and extremism, inciting ethnic hatred and ethnic discrimination, dissemination of obscene and sexual information, slandering or defame others, upsetting social order, harming the public interest, infringing of other persons' intellectual property or other lawful rights and interests.
Article 10: All individuals and organizations have the right to report conduct endangering network security to departments such as for network information, industry and information technology, public security. Departments receiving reports shall promptly process them in accordance with law; where these do not fall within the responsibilities of that department, they shall promptly transfer the matters to the department empowered to handle them.
Article 11: The State formulates a network security strategy, clarifying the basic requirements and main objectives of guaranteeing network security, putting forward and improving network security safeguard systems, raising the capacity for network security protection, stimulating the development of network security technology and industry, and moving forward policy measures to preserve network security with participation from the entire society, and so forth.
Article 12: The State Council departments for telecommunications, radio and television, energy, transportation, water conservancy, finance and other such industries and other relevant State Council departments shall, on the basis of the national network security strategy, compile network security plans concerning national security, major industries for the national economy and the people's livelihood, and important fields, and organize their implementation.
Article 13: The State establishes and improves a system of network security standards. The State Council administrative department for standardization and other relevant State Council departments, on the basis of their individual responsibilities, organize the formulation and timely revision of relevant national and industry standards for network security management as well as for the security of network products, services and operations.
The State supports enterprises to participate in the formulation of national and industry standards for network security, and encourages enterprises to formulate enterprise standards that are stricter than the national or industry standards.
Article 14: The State Council and people's governments of provinces, autonomous regions and directly-governed municipalities shall make comprehensively plans; expand their input; support key network security technology industries and programs; support network security technology research and development, application and popularization; protect the intellectual property rights of technology protecting networks; support research and development institutions, higher education institutions, and enterprises to participate in State network security technology innovation programs.
Article 15: All levels' of people's governments and their relevant departments shall organize and carry out regular network security publicity and education, and guide and stimulate relevant units in doing network security publicity and education work well.
The mass media shall conduct targeted network security publicity and education aimed at the public.
Article 16: The State supports enterprises and education or training institutions such as higher learning institutions and vocational schools, carrying out network security-related education and training, and employs multiple methods to cultivate talent in network security technologies, and promotes interaction of network security technology professionals.
Article 17: The State implements a tiered network security protection system. Network operators shall perform the following security protection duties according to the requirements of the tiered network security protection system to ensure the network avoids interference, damage or unauthorized visits, and to prevent network data leaks, theft or falsification:
(1) Formulate internal security management systems and operating rules, determine persons responsible for network security, and implement network security protection responsibility;
2. Adopt technological measures to prevent computer viruses, network attacks, network intrusions and other actions endangering network security;
3. Adopt technological measures for recording and tracking the status of network operations, and for monitoring and recording network security incidents，and preserve network logs according to regulations;
(4) Adopt measures such as data classification, back-up of important data, and encryption;
(5) Other obligations provided by law or administrative regulations.
Specific measures for tiered network security protection shall be provided for by the State Council.
Article 18: Network products and services shall comply with the relevant national and industry standards. Providers of network products and services must not install malicious programs; where their products and services have functions gathering users' information, this shall be expressed to users and their consent obtained; when it is discovered that their network products or services have risks such as security flaws or leaks, they shall promptly inform users and adopt remedial measures.
Providers of network products and services shall provide security maintenance for their products and services; and must not terminate providing security maintenance during the set time period or period agreed on with clients.
Article 19: Critical network equipment and specialized network security products shall follow the compulsory requirements of relevant national and industry standards, and be safety certified by a qualified establishment or meet the requirements of a security inspection, before being sold. The state network information departments, together with the relevant departments of the State Council, formulate and release a catalog of critical network equipment and specialized network security products, and promote reciprocal recognition of safety certifications and security inspection results to avoid duplicative certifications and inspections.
Article 20: Network operators handling network access and domain registration services for users, handling stationary or mobile phone network access, or providing users with information publication services, shall require users to provide real identity information when signing agreements with users or confirming provision of services. Where users do not provide real identity information, network operators must not provide them with relevant services.
The State supports research and development of secure and convenient electronic identity confirmation technologies, promoting reciprocal acceptance among different electronic identify confirmation technologies, and their common use.
Article 21: network operators shall formulate emergency response plans for network security incidents, promptly addressing system leaks, computer viruses, network intrusions, network attacks and other such network security risks; and when network security incidents occur, immediately initiate the emergency response plan, adopt corresponding remedial measures, and report to the relevant competent departments in accordance with relevant provisions.
Article 22: Individuals or organisation must not engage in network intrusions, or interfering with other networks ordinary functioning, theft of network data or any other activities harmful to network security ; they must not provide either the tools or methods for making network intrusions, interfering with the ordinary functioning of networks or theft of network data or other activities harmful to network security ; they must not provide assistance such as technical support, advertising/promotion, or financial support etc.
Article 23: For the needs of national security and criminal investigation, investigating organs may request network operators provide nescesary technological support and assistance in accordance with laws and regulations.
Article 24: The State supports cooperation between network operators in areas such as gathering, analyzing, reporting and responsding to network security information, increasing the security safeguard capacity of network operators.
Relevant industry organizations are to establish and complete mechanisms for regulation and coordination of network security for their industry, strengthen their analysis and assessment of network security, and periodically conduct risk warnings for members, and shall support and coordinate members' responses to network security risks.
Article 25: The State implements key protections for basic information networks providing services such as public correspondence and radio and television broadcast; important information systems for important industries such as energy, transportation, water conservation, and finance, and public service areas such as electricity, water and gas utilities, medical and sanitation service and social security; military networks and government affairs networks for state organs at the subdistricted city level and above; and networks and systems owned or managed by network service providers with massive numbers of users (hereinafter "critical information infrastructure". Measures for establishing security safeguards for critical information infrastructure shall be enacted by the State Council.
Article 26: State Council departments such as for communications, radio and television, energy, transportation, water conservancy, and finance and other relevant departments of the State Council (hereinafter referred to as departments responsible for the protection of critical information infrastructures security protection efforts), are individually responsible for guiding and supervising operational security protection work for critical information infrastructure, in accordance with responsibilities provided by the State Council.
Article 27: Construction of critical information infrastructure shall ensure that it has properties for supporting business stability and sustaining operations, and ensures that technical security measures are planned, established and used concurrently.
Article 28: Except as provided in article 17 of this Law, critical information infrastructure operators shall perform the following security protection duties:
(1) Set up specialized security management bodies and persons responsible for security management, and conduct security background checks on those responsible persons and personnel in critical positions;
(2) Periodically conduct network security education, technical training and skills evaluations for employees;
(3) Conduct disaster recovery backups of important systems and databases;
(4) Formulate emergency response plans for network security incidents, and periodically organize drills;
(5) Other obligations provided by law or administrative regulations.
Article 29: Critical information infrastructure operators purchasing network products and services shall sign a security and confidentiality agreement with the provider, clarifying duties and responsibilities for security and confidentiality.
Article 30: Key information infrastructure operators purchasing network products and services that might influence national security shall go through a security inspection organized by the State network information departments and relevant departments of the State Council. Specific measures are provided separately by the State Council.
Article 31: Critical information infrastructure operators shall store citizens' personal information, and other important data gathered and produced during operations, within the mainland territory of the People's Republic of China ; where due to business requirements it is truly necessary to store it outside the mainland or provide it to individuals or organizations outside the mainland, they shall follow the measures jointly formulated by the State network information departments and the relevant departments of the State Council to conduct a security assessment. Where laws or administrative regulations provide otherwise, follow those provisions.
Article 32: At least once a year, critical information infrastructure operators shall conduct an inspection and assessment of their networks security and risks that might exists either personally, or through retaining a specialized institution; and submit a network security report on the circumstances of the inspection and assessment as well as improvement measures taken, to be sent to the relevant department responsible for critical information infrastructure security protection efforts.
Article 33: The State network information departments shall coordinate relevant departments as a whole, establishing a coordination mechanism. With respect to the security protection of critical information infrastructure, the following measures may be adopted:
1. With respect to random inspection testing of security risks to critical information infrastructure, [they may] propose measures for improvement, and when necessary to do so may appoint specialist inspection and detection institutions to undertake testing and evaluation for security risks;
2. Periodically organize critical information infrastructure operators to conduct emergency network security drills, increasing the level and coordination of responses critical information infrastructure responses to network security incidents.
3. Promote network security information sharing among relevant departments, critical information infrastructure operators, network security services institutions and relevant research institutions.
(4) Provide technical support and assistance for network security emergency management and recovery and so forth.
Article 34: Network operators shall establish and complete user information protection systems, strengthening protection of users personal information, privacy, and commercial secrets.
Article 35: Network operators collecting and using citizens' personal information shall abide by the principles of legality, propriety and necessity; explicitly stating the purposes, means, and scope for collecting or using information, and obtaining the consent of the person whose data is gathered.
Network operators must not gather citizens' personal information unrelated to the services they provide; must not violate the provisions of laws, administrative regulations or agreements between the parties to gather or use citizens' personal information; and shall follow the provisions of laws, administrative regulations or agreements with users to process citizens' personal information they have stored.
Network operators collecting or using citizens' personal information shall disclose their rules for its collection and use.
Article 36: Network operators must keep citizens' personal information they collect strictly confidential and must not disclose, distort or damage it, and must not sell or illegally provide it to others.
Network operators shall adopt technological measures and other necessary measures to ensure the security of citizens' personal information, and prevent citizens' personal information it gathers from leaking, being destroyed or lost. When circumstances of information leaks, damage or loss occur, or might occur, remedial measures shall be immediately taken, users who might be affected shall be informed, and reports shall be made to the competent departments in accordance with regulations.
Article 37: Where citizens discover that network operators have violated the provisions of laws, administrative regulations or agreements between the parties to gather or use their personal information, they have the right to request the network operators delete their personal information; where discovering that personal information gathered or stored by network operators has errors, they have the right to request the network operators make corrections.
Article 38: Individual or organization must not steal or use other illegal methods to acquire citizens' personal information, and must not sell or unlawfully provide others with citizens' personal information.
Article 39: Departments with duties of network safety supervision and management in accordance with law, must keep citizens' personal information, private information and commercial secrets they learn of in performing their duties strictly confidential, and must not leak, sell, or unlawfully provide it to others.
Article 40: Network operators shall strengthen management of information published by users, and upon discovering information that the law or administrative regulations prohibits the publication or transmission of, they shall immediately stop transmission of that information, employ handling measures such as deleting it, to prevent the information from spreading, save relevant records, and report it to the relevant competent departments.
Article 41: Electronic information sent by electronic information submitters and application software provided by application software providers must not install malicious programs, and must not contain information that laws and administrative regulations prohibit the publication or transmission of.
Digital information distribution service providers and application software download service providers shall perfom security administration duties; and where discovering that digital information distributors or application software providers have conduct provided for in the preceding paragraph, shall stop the provision of service and employ disposition measures such as deletion, storing relevant records and reporting to the relevant competent departments.
Article 42: Network operators shall establish network information security complaint and reporting system, publicly disclosing information such as the methods for making complaints or reports, and promptly accepting and handling complaints and reports relevant to network information security.
Article 43: The State network information departments and relevant departments perform network security supervision and administration responsibilities; and where discovering information the release or transmission of which is prohibited by laws of administrative regulations, shall request the network operators stop transmission, employ disposition measures such as deletion, and store relevant records; for information described above that comes from outside mainland People's Republic of China, they shall notify the relevant organization to adopt technological measures and other necessary measures to block the transmission of information.
Article 44: The State establishes systems for network security monitoring, early warnings and information bulletins. The State network information departments shall do overall coordination of relevant departments to strengthen collection, analysis and reporting efforts for network security information, and follow regulations for the unified release of network security monitoring and early warning information.
Article 45: Departments responsible for critical information infrastructure security protection efforts shall establish and complete that industry or that field's network security monitoring, early warning and information reporting systems, and report network security monitoring and early warning information in accordance with regulations.
Article 46: The State network information departments coordinate relevant departments' establish and completion of mechanisms for network security emergency response efforts, formulate network security incident emergency response plans, and periodicly organize drills.
Departments responsible for critical information infrastructure security protection efforts shall formulate that industry or that field's network security incident emergency response plans, and periodically organize drills.
Network security incident emergency response plans shall rank network security incidents on the basis of factors such as the degree of threat after the incident occurs and the scope of impact, and provide corresponding emergency response handling measures.
Article 47:When network security incidents are about to occur or where their probability of occurring increases, relevant departments of county-level people's governments and above shall, according to their authority, and the procedures prescribed by relevant laws, administrative laws and regulations and State Council regulations, issue warning information corresponding to their rank, and according to the characteristics of the incident which is about to happen or harm which is likely to result, those departments may adopt the following measures:
1. Require that competent departments, institutions and personnel promptly gather and report relevant information and strengthen monitoring of the occurrence of network security incidents and the development of the situation;
2. Organise competent departments, institutions and specialist personnel to undertake analysis and evaluation of data from the network security incidents, and predict the incidents' likelihood of occurrence, scope of impact and level of harm;
3. Publicly announce the prediction information and the results of analyses/evaluations which concern the public;
4. According to regulations publicly announce warnings as to harm from the network security incidents, and announce measures for avoidance and reduction of harm.
Article 48: On occurrence of network security incidents, relevant departments of people's governments at the county level or above shall immediately initiate the network security incident emergency response plan, conduct an evaluation and assessment of the network security incident, request that network operators adopt technological and other necessary measures, remove potentional security risks, prevent the threat from growing, and promptly release cautionary measures relevant to the public.
Article 49: Where sudden emergencies or production safety accidents occur as a result of network security incidents, it shall be handled in accordance with the provisions of relevant laws such as the "Emergency Response Law of the People's Republic of China" and the "Production Safety Law of the People's Republic of China".
Article 50: To fulfill the need to protect national security and social public order, and respond to major social security incidents, the State Council, or the governments of provinces, autonomous regions and municipalities with approval by the State Council, may take temporary measures regarding network communications in certain regions, such as restricting it.
Article 51: Where network operators do not perform network security protection duties provided for in articles 17 and 21 of this law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of network security or other such consequences, give a fine of between RMB 10,000 and 100,000; and fine the directly responsible management personnel between RMB 5,000 and 50,000.
Where critical information infrastructure operators do not perform network security protection duties provided for in articles 27-29 and 32 of this law, the competent departments will order corrections and give warnings; where corrections are refused or it leads to endangerment of network security or other such consequences, give a fine of between RMB 100,000 and 1,000,000; and fine the directly responsible management personnel between RMB 10,000 and 100,000.
Article 52: Where providers of network products and services, electronic information transmission and application software providers exhibit any of the following conduct in violation of this law, the relevant competent department orders corrections and gives warnings; where corrections are refused or it causes endangerment of network security or other consequences, a fine of between RMB 50,000 and 500,000 is given; and the persons who are directly in charge are fined between RMB 10,000 and 100,000.
(1) Installing malicious programs;
(2) Their products or services have functions collecting user information, without expressing this to users and obtaining their consent;
(3) Risks such as security flaws or vulnerabilities exist in their products or services, but do not promptly inform the user and to take remedial measures;
(4) Unauthorized termination for the security maintenance of its products and services.
Article 53:Network operators violating this law in failing to require users to provide truthful identity information or providing relevant services to users who do not provide truthful identity information, are ordered to make corrections by the relevant competent department; where corrections are refused or the circumstances are serious, a fine of between RMB 50,000 and 500,000 is given, and the relevant competent department may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 54: Network operators violating this law in infringing on the protections and rights of citizens' personal information, are ordered to make corrections by the relevant competent department and may ,either independently or concurrently, be given warnings, confiscation of unlawful gains, and/or fined between 1 to 10 times the amount of unlawful gains, and where there are no unlawful gains, fined up to RMB 500,000; where the circumstances are serious, a fine of between RMB 50,000 and 500,000 is given, and the relevant competent department may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Where violations of this law in stealing or using other illegal means to obtain, sell of illegally provide others with citizens' personal information do not constitute a crime, the public security organs confiscate unlawful gains and give a fine of between 1 and 10 times the amount of unlawful gains, and where there are no unlawful gains, give a fine of up to RMB 500,000.
Article 55: Where critical information infrastructure operators violate article 30 of this law by using network products or services that have not had safety inspections or did not pass safety inspections, the relevant competent departments order the usage to stop, and give a fine in the amount of 1 to 10 times the purchase price; the persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 56:Where critical information infrastructure operators violate this law by storing network data outside the mainland territory, or provide network data to individuals or organizations outside of the mainland territory without going through a security assessment, the relevant competent department orders corrections, gives warnings, confiscates unlawful gains, gives fines between RMB 50,000 and 500,000, and may order a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Article 57: Where network operators violate this law by failing to stop the transmission of information that laws of administrative regulations prohibit the publication or transmission of, failing to employ disposition measures such as deletion or failure to preserve relevant records, the relevant competent department orders corrections, gives warnings, and confiscates unlawful gains; where corrections are refused or circumstances are serious, fines between RMB 50,000 and 500,000 are given, and a temporary suspension of operations, a suspension of business for corrections, closing down of websites, revocation of relevant operations permits, or cancellation of business licenses may be ordered; persons who are directly in charge and other directly responsible personnel are fined between RMB 10,000 and 100,000.
Where electronic information services providers and application software download service providers, have not performed their security obligations under this Act, punishment i in accordance with the provisions of the preceding paragraph.
Article 58: Publication or transmission of information that laws or administrative regulations prohibit the publication or transmission of, is punished in accordance with the provisions of the relevant laws and administrative regulations.
Article 59: Network operators violating the provisions of this law, who exhibit any of the following conduct, will be ordered to make corrections by the relevant competent departments; where corrections are refused or the circumstances are serious, a fine of between 50,000 and RMB 500,000 is given; directly responsible management personnel and other directly responsible personnel are to be fined between RMB 10,000 and RMB 100,000:
(1) Failure to report network security risks or network security incidents to the relevant competent departments;
(2) Refusal or obstruction of the competent departments in their lawful supervision and inspection;
3. Refusal to provide necessary support and assistance.
Article 60: Where there is conduct endangering netowrk security in violation of article 22 of this law that does not constitute a crime, or where there is other conduct violating provisions of this law that constitutes a public security administrative violation, public security administrative sanctions are given in accordance with law.
Article 61: Where state organ government affairs network operators do not perform network security protection duties as provided by this law, the organ at the level above or relevant department will order corrections; sanctions are given to the directly responsible managers and other directly responsible personnel.
Article 62: Where personnel of departments bearing network safety supervision and management duties, neglect their duties, abuse their office, or distort the law for personal gain, without constituting a crime, administrative sanctions are given in accordance with law.
Article 63: Where violations of the provisions of this law cause harm to others, civil liability is to be borne in accordance with law.
Article 64: Where a violation of the provisions of this Law constitutes a crime, criminal responsibility is to be pursued in accordance with law.
Article 65: For this law, the following terms have these meanings:
1. "Networks" refers to networks and systems comprised of computers or other information terminals and related equipment that follow certain rules and procedures for information gathering, storage, transmission, exchange and processing.
2. "Network safety" refers to taking necessary measures to prevent attacks, invasion, disturbance, undermining and unlawful use of networks, as well as unexpected accidents; causing the networks to be in a state of stable and reliable operation, as well as safeguarding the integrity, secrecy and usability of network information storage, transmission, and processing.
3. "Network operators" refers to the owners and administrators of networks, as well as network service providers using networks owned or administrated by others to provide related services; including basic telecommunications operators, network information service providers, major information system operators and so on.
(4) "Network data" refers to all kinds of electronic data collected, stored, transmitted, processed, and produced through networks.
5. "Citizen's personal data" refers to a personal data -- such as a citizen's name, birth date, identification card number, personal bio-metric data, profession, residence, or telephone number -- recorded electronically or by other means, as well as all other kinds of data from which a citizen's identity may be determined, either by itself or combined with other data.
Article 66: Operations security protections for storing and processing networks involving state secret information, shall follow this Law and shall also uphold laws and administrative regulations on secrecy.
Article 67: Military network and information security protection measures are formulated by the Central Military Commission.
Article 68: This law shall take effect on XXXXX.