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Related articles:PRC Civil Code: Chapter 14-Lease Contracts
Foreign Teachers
PRC Civil Code: Chapter 9-Sales Contracts
Article 1032    A natural person shall enjoy the right to privacy. No organization or individual may infringe upon the right to privacy of any other person by spying, invading and harassing, disclosing or publishing the relevant information or by any other means.Privacy is a natural person's private life peace, as well as private space, private activities and private information that do not want to be known by others.
Article 1033    Unless otherwise prescribed by the law or specifically agreed by the right holders, no organization or individual may carry out any of the following acts:(I) Disturbing the private peace of others by means of telephone, text message, instant messaging tools, e-mails, leaflets, etc.;(II) Entering, taking pictures of or peeping into others' houses or hotel rooms or other private space;(III) Taking pictures of, peeping into, eavesdropping, or making public the private activities of others;(IV) Taking pictures of or peeping into any private part of the body of another person;(V) Dealing with the confidential information of others; or(VI)Infringing upon the right to privacy of others by other means.
Article 1034    The personal information of a natural person shall be protected by the law.Personal information refers to all kinds of information recorded by electronic or otherwise that can be used to independently identify or be combined with other information to identify specific natural persons, including the natural persons' names, dates of birth, ID numbers, biometric information, addresses, telephone numbers, e-mail addresses, health information, whereabouts, etc.For the confidential information included in personal information, the relevant provisions on the right to privacy shall apply; if no provisions are available, the provisions on personal information protection shall apply.Article 1035    The processing of personal information shall be subject to the principle of legitimacy, rightfulness and necessity, with no excessive processing, and shall meet the following conditions:(I) With the consent of the natural person or the guardian thereof, unless otherwise provided by laws or administrative regulations;(II) Disclosing rules on processing information;(III) Expressly stating the purpose, method and scope of information to be processed; and(IV) Not violating the provision of the laws and administrative regulations and the agreement of both parties.Processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information, etc.
Article 1036    Where the processing of personal information falls under any of the following circumstances, the infringer concerned shall not bear civil liability:(I) Acts performed reasonably within the scope agreed by the natural person or his or her guardian;(II) Reasonably processing the information made public by the natural person himself or herself or other information that has been legally made public, unless the natural person explicitly refuses to do so or deals with the circumstance where such information infringes upon his or her major interests; or(III) Other reasonable acts performed to protect the public interests or the legitimate rights and interests of the natural persons.
Article 1037    A natural person may consult or copy his or her personal information with any information processor in accordance with the law; if any error is found in the information, the natural person has the right to raise an objection and request the information processor to take necessary measures such as corrections in a timely manner.Where a natural person discovers that an information processor has processed his or her personal information in violation of the provisions of laws and administrative regulations or the agreement between both parties, he or she shall have the right to request that the information processor promptly delete the information.
Article 1038    Information processors shall not divulge or tamper with personal information collected or stored by them; without the consent of a natural person, information processors shall not illegally provide personal information of such person to others, except for information that has been processed so that specific persons cannot be identified and that cannot be restored.An information processor shall take technical measures and other necessary measures to ensure the security of the personal information that is collected and stored and to prevent the information from being divulged, tampered with or lost; where personal information has been or may be divulged, tampered with or lost, the information processor shall take remedial measures in a timely manner, inform the natural person concerned in accordance with the provisions and report the case to the relevant competent department.
Article 1039    State organs, statutory bodies assuming administrative functions and their functionaries shall keep confidential the privacy and personal information of natural persons that they come to know during the performance of their duties, and shall not divulge the same or illegally provide the same to others.


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Right to Privacy and Protection of Personal Information

Tap "LegalTips"

to follow us

Related articles:PRC Civil Code: Chapter 14-Lease Contracts
Foreign Teachers
PRC Civil Code: Chapter 9-Sales Contracts
Article 1032    A natural person shall enjoy the right to privacy. No organization or individual may infringe upon the right to privacy of any other person by spying, invading and harassing, disclosing or publishing the relevant information or by any other means.Privacy is a natural person's private life peace, as well as private space, private activities and private information that do not want to be known by others.
Article 1033    Unless otherwise prescribed by the law or specifically agreed by the right holders, no organization or individual may carry out any of the following acts:(I) Disturbing the private peace of others by means of telephone, text message, instant messaging tools, e-mails, leaflets, etc.;(II) Entering, taking pictures of or peeping into others' houses or hotel rooms or other private space;(III) Taking pictures of, peeping into, eavesdropping, or making public the private activities of others;(IV) Taking pictures of or peeping into any private part of the body of another person;(V) Dealing with the confidential information of others; or(VI)Infringing upon the right to privacy of others by other means.
Article 1034    The personal information of a natural person shall be protected by the law.Personal information refers to all kinds of information recorded by electronic or otherwise that can be used to independently identify or be combined with other information to identify specific natural persons, including the natural persons' names, dates of birth, ID numbers, biometric information, addresses, telephone numbers, e-mail addresses, health information, whereabouts, etc.For the confidential information included in personal information, the relevant provisions on the right to privacy shall apply; if no provisions are available, the provisions on personal information protection shall apply.Article 1035    The processing of personal information shall be subject to the principle of legitimacy, rightfulness and necessity, with no excessive processing, and shall meet the following conditions:(I) With the consent of the natural person or the guardian thereof, unless otherwise provided by laws or administrative regulations;(II) Disclosing rules on processing information;(III) Expressly stating the purpose, method and scope of information to be processed; and(IV) Not violating the provision of the laws and administrative regulations and the agreement of both parties.Processing of personal information includes the collection, storage, use, processing, transmission, provision and disclosure of personal information, etc.
Article 1036    Where the processing of personal information falls under any of the following circumstances, the infringer concerned shall not bear civil liability:(I) Acts performed reasonably within the scope agreed by the natural person or his or her guardian;(II) Reasonably processing the information made public by the natural person himself or herself or other information that has been legally made public, unless the natural person explicitly refuses to do so or deals with the circumstance where such information infringes upon his or her major interests; or(III) Other reasonable acts performed to protect the public interests or the legitimate rights and interests of the natural persons.
Article 1037    A natural person may consult or copy his or her personal information with any information processor in accordance with the law; if any error is found in the information, the natural person has the right to raise an objection and request the information processor to take necessary measures such as corrections in a timely manner.Where a natural person discovers that an information processor has processed his or her personal information in violation of the provisions of laws and administrative regulations or the agreement between both parties, he or she shall have the right to request that the information processor promptly delete the information.
Article 1038    Information processors shall not divulge or tamper with personal information collected or stored by them; without the consent of a natural person, information processors shall not illegally provide personal information of such person to others, except for information that has been processed so that specific persons cannot be identified and that cannot be restored.An information processor shall take technical measures and other necessary measures to ensure the security of the personal information that is collected and stored and to prevent the information from being divulged, tampered with or lost; where personal information has been or may be divulged, tampered with or lost, the information processor shall take remedial measures in a timely manner, inform the natural person concerned in accordance with the provisions and report the case to the relevant competent department.
Article 1039    State organs, statutory bodies assuming administrative functions and their functionaries shall keep confidential the privacy and personal information of natural persons that they come to know during the performance of their duties, and shall not divulge the same or illegally provide the same to others.


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