Provisions of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Civil Cases Involving the Use of Information Networks to Commit Tortious Acts, ("Provisions") has been issued on 9th October 2014

In order to enhance the judicial protection to personal information, the Supreme People’s Court has issued “Provisions”, which clarifies the relevant issues related to the cases arising from the infringement against the personal interests and rights, such as name, title, reputation and etc.. The highlights include:

Raise the liabilities of the network service providers

On the identification of the defendant. It is difficult to confirm the identity of the infringer who has released the infringement information, “Provisions” provides that the network service provider (such as the owner of a website) can be applied as an independent defendant.

On the determination of subjective fault. In order to further determine whether the network service provider shall be deemed as “have already known”, “Provisions” has listed 6 practical elements, such as the category of infringement of personal interests and rights, browse number, reasonable measures in preventing infringement and etc, and 1 saving clause.

Enhance the requirements of the protection to personal information

6 categories of personal privacy information are listed, which include the information of gene, medical records, health examination data, criminal records, home address, and private events.

5 categories of legitimate disclosure method of personal information are listed, such as, disclose such information in the agreed scope and with the written consent of a person, disclose such information on the network by the person voluntarily.

Regulation on the gray industry related to internet

The agreement on the paid delete posts are invalid, and illegal delete posts will assume the tort liability.

Internet Mercenaries shall be regulated. Acceptance of others entrusted the implementation of the previous act, shall undertake the jointly liabilities with the principal trustee.