BEIJING, Feb. 25 (Xinhua) -- China's top legislature on Wednesday started
to debate an amendment to the Criminal Law that aims to protect the personal
information from being divulged and abused.
If approved by the National People's Congress (NPC) Standing Committee at
the end of a four-day session in Beijing on Saturday, the article would forbid
staff in government offices, financial, medical and educational institutions,
transport and communications departments who usually have access to personal
information, to sell or leak such information.
Offenders could face a maximum jail term of three years as well as fines,
although details of the fines were not given.
For offenses systematically committed by government offices or
corporations, those directly responsible would face the same penalties,
according to the draft that is undergoing its third round of debate, since it
was proposed in August last year.
People who obtain another person's private information illegally would face
the same penalties as those who illegally divulged information.
Personal reputation and privacy is protected under the general provisions
of the civil law in China. Separate laws and government regulations, such as
those concerning the issue of identification cards, and the management of
hospitals, ban unauthorized divulgence of private information.
Banks and Internet service providers in China have widely adopted
self-regulatory rules in this field.
However, leaking private information such as phone numbers and purchase
records, often for commercial purposes, has increasingly aroused public anger
and concern.
An online survey in August last year showed almost 99 percent of people
agreed it was necessary to protect personal information through the law and
almost 89 percent said they had had their personal information leaked.
Anonymous messages, phone calls and spam were listed as the most reported
means of harassment after personal information was made known to unauthorized
agencies and individuals, according to the survey of 2,422 people, conducted by
national newspaper China Youth Daily.
According to a 2008 study by the Chinese Academy of Social Science, selling
personal information was becoming a booming underground business, with property
and car buyers, business people, patients, mobile phone subscribers, and even
pregnant women falling prey.
Due to a lack of powerful and clear laws, many victims found it difficult
to sue offenders and seek compensation, the study found.
The NPC Standing Committee said in October that it had asked "relevant
departments" to study the feasibility of drafting an independent Personal
Information Protection Law, but no timetable has been decided.