Law

18 departments introduce measures to protect the personal information of disadvantaged children

2025-01-24   

According to the website of the Ministry of Civil Affairs, in order to regulate the use of personal information of disadvantaged children, protect their personal information security, and safeguard their legitimate rights and interests, the Ministry of Civil Affairs and 18 other departments recently issued the "Measures for the Protection of Personal Information of disadvantaged children" (hereinafter referred to as the "Measures"). The Measures stipulate that no organization or individual shall label disadvantaged children, use their personal information to attract attention or gain traffic, or use their personal information for fundraising, live streaming, or sales. In addition, the Measures also stipulate that the civil affairs department shall protect the personal information of disadvantaged children in accordance with the law when organizing and implementing social assistance, charitable assistance, and care services. Supervise and guide child welfare institutions, juvenile assistance and protection institutions, relevant social organizations and their staff, as well as child supervisors, child directors, etc. to enhance their awareness of information protection. The full text of the Measures is as follows: Article 1 of the Measures for the Protection of Personal Information of Children in Difficulties is formulated in accordance with the relevant provisions of the Personal Information Protection Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, and the Cybersecurity Law of the People's Republic of China to regulate the use of personal information of children in difficulties, protect the security of their personal information, and safeguard their legitimate rights and interests. Article 2: The term "disadvantaged children" referred to in these Measures refers to children defined in accordance with the relevant policies of the State Council on strengthening the protection of disadvantaged children. Article 3: Personal information of disadvantaged children refers to various types of information recorded in paper, electronic, or other forms that can be used alone or in combination with other information to identify disadvantaged children, excluding anonymized information. Article 4: Relevant departments shall handle the personal information of disadvantaged children through methods such as collection, storage, use, processing, transmission, provision, disclosure, and deletion in accordance with the law, following the principle of "whoever is in charge is responsible, whoever handles it is responsible", and taking strict protective measures. Article 5: The cyberspace administration department shall fulfill its supervisory and management responsibilities, guide network operators to strengthen network information screening and investigation, promptly take effective measures to correct the disclosure and leakage of personal information of disadvantaged children, and handle it properly in conjunction with relevant departments. Article 6: Local party committees at all levels, political and legal committees, people's courts, people's procuratorates, public security organs, judicial administrative departments, legal service agencies, etc. shall, in the work of case investigation, evidence collection, review and prosecution, legal supervision, judicial trials, legal aid, lawyer representation, and typical case dissemination, do a good job in protecting the personal information of children in difficult situations involved in cases in accordance with the law. Article 7: Civil affairs departments shall protect the personal information of disadvantaged children in accordance with the law when organizing and implementing social assistance, charitable assistance, and caring services. Supervise and guide child welfare institutions, juvenile assistance and protection institutions, relevant social organizations and their staff, as well as child supervisors, child directors, etc. to enhance their awareness of information protection. Article 8: The education department shall supervise and guide schools to implement various regulations related to the protection of students' privacy. In the work of rewards, subsidies, and charitable donations, schools shall not disclose personal and family information of disadvantaged children, and shall protect the personal information of children who have suffered sexual assault, violence, and other injuries in accordance with the law. Article 9: The health department shall supervise and guide medical and health institutions, relevant industry organizations, etc. to strengthen medical ethics and conduct education, guide practicing physicians and other medical staff to abide by professional ethics, and protect the personal information of disadvantaged children who are ill or have suffered from sexual assault, violence, and other medical treatment in accordance with the law. Article 10: During the period of conducting family education guidance and child care services, trade unions at all levels, the Communist Youth League, women's federations, customs committees, as well as relevant social organizations, volunteers, etc., if they need to handle the personal information of disadvantaged children, they should be limited to the minimum and scope necessary for the activities, and corresponding protection measures should be taken. Article 11: Disabled persons' federations at all levels shall strengthen the protection of personal information of disadvantaged children in their work, in order to avoid unfair treatment of disadvantaged children caused by the leakage of personal information such as disabilities. Article 12: Relevant departments shall standardize the handling of personal information of disadvantaged children and shall not disclose or leak their personal information in violation of regulations. When handling personal information of children under the age of fourteen who are in distress, the consent of the child's parents or other guardians should be obtained, and strict protective measures should be taken. When handling personal information and other related information of disadvantaged children over the age of fourteen, the consent of the disadvantaged children should be obtained in accordance with the law, and their parents or other guardians should be informed in a clear manner. If disadvantaged children lack the ability to express their will due to physical and mental health reasons, they should also obtain the consent of their parents or other guardians. Article 13: Any organization or individual that publishes communications, news, or other materials related to the specific identity of disadvantaged children shall be informed in advance of the necessity and the impact on their personal rights and interests. They shall obtain the consent of disadvantaged children and their parents or other guardians in accordance with the law before publishing, and at the same time, technical processing shall be done well. Article 14: When producing, introducing, and broadcasting various books, newspapers, movies, radio and television programs or online information related to disadvantaged children, departments such as propaganda, cyberspace, culture and tourism, radio and television, etc. shall strictly review and control them, and shall not disclose the surname, home address, portrait, audio and video, school attended, and other content that may have a negative impact on disadvantaged children. If it is necessary for work, technical processing should be done well. Article 15: No organization or individual shall label disadvantaged children, use their personal information to attract attention or gain traffic, or use their personal information for fundraising, live streaming, or sales. Article 16: If an individual seeking help through a network service platform needs to disclose relevant information due to the help of disadvantaged children, it shall be implemented in accordance with relevant laws and regulations such as the Charity Law of the People's Republic of China and the Management Measures for Individual Seeking Help Network Service Platforms. Article 17: Children in difficult situations and their parents or other guardians have the right to inquire about the personal information of children processed by relevant units and organizations. If they raise objections, the relevant units and organizations should fully respect them, investigate and verify them in a timely manner, and take effective disposal measures. Article 18: Those who violate the provisions of these Measures in handling personal information of disadvantaged children and infringe upon their legitimate rights and interests shall be dealt with in accordance with relevant provisions such as the Personal Information Protection Law of the People's Republic of China. (New Society)

Edit:Rina Responsible editor:Lily

Source:CHINANEWS

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