SCIO briefing on National Human Rights Action Plan of China (2021-2025)

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Hong Kong Economic Herald:

We have noticed that the action plan sets out the principle of "smart advancement." What measures has China taken in terms of personal information protection? Thank you.

Chang Jian:

I will answer this question. Indeed, in this action plan, specific responses have been made to the challenges of information rights, especially the protection of human rights in the digital age. We know that human beings are entering the digital age. Digital life has become a basic way and an important part of our life. A series of human rights protection needs are generated in the context of digitalization, including the equal use of digital technology without discrimination, freedom from various violations caused by the use of digital technology, freedom from the manipulation of digital technology on people, and the independent control of personal digital information and property.

On one hand, in view of the new demand for human rights protection in the digital age, the action plan puts forward a new principle of "smart advancement," that is, "tapping the potential of digital technology" to advance human rights progress. As we know, the previous action plans put forward five principles, namely, pushing forward the work in accordance with the law, in a pragmatic, coordinated and balanced way, and with joint efforts. This action plan adds another principle: smart advancement. With this principle, we intend to make full use of digital technology and expand the free and all-round development of every person. The plan makes clear specific measures and tasks, including smart medical care, smart services for the elderly, smart cities and digital villages, smart library systems, barrier free facility digitization, as well as intelligent upgrading, smart litigation services, internet government convenience services, online deliberation of state affairs, and the use of big data, cloud computing, artificial intelligence and other technical means to comprehensively collect and respond to people's opinions and suggestions in a timely manner.

On the other hand, in view of the new human rights issues arising in the digital era, the action plan includes a special section on the protection of personal information rights and interests, requiring the improvement of the legal system of personal information protection, the in-depth implementation of the supervision, law enforcement and publicity of personal information protection, and the safeguarding of cyber and data security. We will carry out in-depth supervision and enforce the law regarding personal information, and require that effective measures be taken to bridge the urban-rural digital divide, prevent the digital divide in online education, formulate employment security policies for online jobs, and crack down on a whole scope of crimes such as cyber bullying and stealing network data.

The National People's Congress passed the Data Security Law on June 10 this year and the Personal Information Protection Law of the People's Republic of China in August. Both clearly stipulate that no organization or individual is allowed to illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information. China will also formulate and issue supporting laws, regulations, standards and judicial interpretations for the protection of personal information, and continue to improve the legal system for the protection of personal information. Thank you.

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