Provisions on the Management of Internet User Account Name Information (Draft for Solicitation of Comments)

[Source]http://www.cac.gov.cn/2021-10/26/c_1636843202454310.htm
Comment Period: 2021年11月10日

Chapter I: General Provisions

Article 1: The Provisions are formulated on the basis of the PRC Cybersecurity Law, The PRC Personal Information Protection Law, the Measures on the Management of Internet Information Services, the Provisions on the Governance of the Online Information Content Ecosystem, and other laws, regulations, and relevant state provisions, so as to strengthen the management of Internet user account name information and to protect the lawful rights and interests of citizens, legal persons, and other organizations.

Article 2: These Provisions apply to the registration, use, and management of internet user account name information in the mainland territory of the PRC.

Article 3: The State Internet Information Office is responsible for efforts to oversee and manage the registration and use of internet user account name information for the whole nation.

Local internet information departments are responsible for efforts to oversee and manage the registration and use of internet user account name information for the corresponding administrative region, based on their duties.

Chapter II: Internet User Account Users

Article 4: Internet user account users shall comply with laws and regulations, follow public order and good customs, carry forward the Core Socialist Values, to conduct the registration, use, and management of internet user account name information in accordance with laws and regulations.

Article 5: When users register internet user accounts, they shall sign an agreement with the internet user account service platform, provide true identity information, comply with the platform's rules on content production and account management, the platform convention, and the service agreement.

When internet user account users register and use accounts, the account name information name be consistent with the user's true professional identity information.

When minors register accounts, their guardians' consent shall be obtained and the minors' resident identification number shall be provided for use in checking true identity information.

Article 6: Internet user account users shall respect the following principles in the registration and use of account name information: The account name information for personal internet accounts shall fully embody personal traits and must not imitate or resemble the names or symbols of organizations such as Party, state or military organs, news media, enterprises, and public institutions, or the geographic name of state administrative regions, to avoid misleading the public; and account name information for Institutional internet user accounts shall comport with the name or symbols of that institution, and match the institutions' character, scope of business, and the industry to which it belongs.

The account name information registered and used by Internet user account users must not have the following circumstances:

(1) Violations of articles 6 and 7 of the Provisions on the Governance of the Online Information Content Ecosystem;

(2) Posing as, faking, or fabricating the names and symbols of organizations such as Party, government, or military organs, enterprises, public institutions, and people's organizations;

(3) Posing as, faking, or fabricating the names and symbols of news media, or using the name information that has news attributes such as of news, reporting, newspapers or periodicals without authorization;

(3) Posing as, faking, or associating with the geographic names and symbols of important spaces such as state administrative regions, the location of the institution, or landmark buidings;

(5) Intentionally inserting QR codes, web addresses, email addresses, contact methods, and so forth, or using homophones, similar sounds, similar words, pinyin, numbers, symbols, letters, or meaningless characters to infringe on the lawful rights of others, to seek illegal interests, or harm the public interest;

(6) Other conduct prohibited by laws and administrative regulations;

Chapter III: Internet User Account Service Platforms

Article 7: Internet user account service platforms shall perform primary responsibility for the management of internet user account name information, allot personnel and technical capacity corresponding to the operational model, and establish, complete, and strictly implement management systems such as for account name information management, checking true identity information, management of account professional qualification certifications, information content security, ecology governance, emergency response, personal information protection, and credit appraisal.

Internet user account service platforms shall draft public rules for managing user accounts and platform conventions based on laws, regulations, and relevant state provisions, sign service agreements with internet user account users, and clarify the rights and obligations of both parties in account name registration, use, and management stages.

Article 8: Internet user account service platforms shall follow the principle of 'real names behind the scenes, whatever you want up front', and request that internet user account users provide true identity information when registering accounts.

Internet user account service platforms shall employ composite authentication measures based on mobile phone numbers, resident identification numbers, or uniform social credit codes, to conduct true identity information verification of internet user account users and increase the accuracy of authentication. Where internet user account users do not provide true identity information or conduct fake registration by fraudulently using the true identity information of organizations, institutions, or other people, the internet information user account service platform must not provide them with services.

Where internet user account service platforms provide account registration services to minors, they shall obtain their guardians' consent, conduct checks of their true identity information based on their resident identification number, and conduct checks of the guardians' true identity information. Internet user account service platforms handling the registration information for minors' accounts shall follow the principles of legality, propriety, necessity, and good faith, and comply with laws and regulations related to the online protection of minors' personal information.

Article 9: Internet user account service platforms shall conduct checks of the account name information provided by internet user account users during registration for compliance with laws and regulations, and not register those that violate article 6 of these Provisions.

Where internet user account users change the account name information, the internet user account service platform shall conduct checks of the changed account name information for compliance with laws and regulations and are not to provide them with the change services where the provisions of article 6 of these Provisions are violated.

Internet user account service platforms shall establish dynamic systems for check and inspections of account name information, complete technical means, conduct checks of stored account name information for compliance with laws and regulations and truthfulness, and where there are violations of article 6 of these Provisions, they shall suspend the provision of services and notify the users to make changes in a set period of time, and where corrections are refused, they shall terminate the provision of services.

Article 10: Internet user account service platforms shall request that the users that apply to register internet user accounts that engage in the content production in areas such as economics, education, medicine, or justice, provide their professional backgrounds as well as professional credentials and service qualifications obtained in accordance with laws and administrative regulations when registering, and conduct necessary checks.

Internet user account service platforms shall request that internet user account users who are applying to register accounts providing internet news information services to the public provide their internet news information service permits, and conduct necessary checks.

Internet user account service platforms shall affix special symbols to the account name information of internet user accounts that have passed the checks provided for in the first two paragraphs of this article.

Internet user account service platforms shall conduct dynamic checks and inspections of the truthfulness and validity of the information registered by internet user account users.

Article 11: Internet user account service platforms shall prohibit accounts that have been closed in accordance with laws and conventions from newly registering with the same or similar account name information; and for those registering with similar or new names, they shall also conduct necessary checks of the account entity's true identity information, account information content, and professional credentials.

Internet user account service platforms shall employ necessary means to prevent accounts that have been closed in accordance with laws or conventions from newly registering across platforms.

Article 12: Internet user account service platforms shall indicate the internet user account's IP address location information in a conspicuous manner on the account information page. The IP address location information for domestic internet user accounts must indicate the province (autonomous region, directly-governed municipality), IP address location information for overseas accounts must indicate the country (region).

Article 13: Internet user account service platforms shall employ necessary measures to ensure the security of the personal information and account name information they collect or store, prevent unauthorized access and information leaks, alterations, and loss; and must not collect, store, use, process, transmit, provide, or disclose personal information or account name information without authorization and consent of the internet user account users. Internet user account name information must not be illegally bought or sold.

After internet user account users de-register accounts, the internet user account service platforms shall delete their personal information and account name information in accordance with law.

Article 14: Internet user account service platforms shall establish and complete credit management systems for internet user accounts, making credit appraisal of account name information an important index for the management of account credit, and provide corresponding services.

Chapter IV: Oversight and Management

Article 15: Internet account service platforms shall strengthen the management of internet user account name inform on that platform, promptly discovering and addressing illegal and negative information or conduct in violation of laws and regulations.

Internet user account service platforms shall employ methods such as warnings, ordering corrections in a set period of time, restricting account functions, suspending use, closing accounts, and prohibiting reregistration in accordance with law and conventions, and keep relevant records and promptly report it to the relevant regulatory departments such as for internet information.

Article 16: Internet user account service platforms and internet user account users shall conscientiously accept social oversight.

Internet user account service platforms shall set up convenient portals for complaints and reports, and channels for appeals, in conspicuous positions, publish the methods for making complaints, reports, and appeals, and complete mechanisms for accepting, screening, handling, and feedback, and clarify the process for handling and time period for feedback, and promptly address complaints and reports from the public and appeals from internet information account users.

Article 17: All levels of internet information department, in conjunction with relevant regulatory departments, are to establish and complete working mechanisms such as for coordinating regulation, overseeing and guiding internet user account service platforms and internet user account users in activities of registering, using, and managing of account name information in accordance with laws and regulations.

Internet user account service platforms and internet user account users shall cooperate with relevant regulatory departments to carry out oversight inspections and provide necessary technical support and assistance.

Where internet user account service platforms and internet user account users violate these Provisions, the internet information departments and relevant regulatory departments are to handle it in accordance with laws and regulations within the scope of their duties.

Chapter V: Supplementary Provisions

Article 18: 'Internet user account name information' as used in these Provisions refers to the names, avatar images, cover images, bios, signatures, authentication information, and other information used in identifying user accounts registered by internet user account users on internet websites, applications, and other online platforms.

'Internet user account users' as used in these Provisions refers to natural persons, legal persons, or unincorporated organizations that register, use, and manage internet user accounts.

"Internet user account service platforms" as used in these Provisions refers to network information service providers that provide account registration, use, management, and technical service safeguards for internet user account users.

Article 19: These Provisions take effect on xx/xx/2021. Where these Provisions are inconsistent with related provisions promulgated before these provisions, these provisions apply.