In April 2013, the Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) issued a new rule entitled the “Notice on Strengthening the Administration of Networked Smart Mobile Devices” (the “Notice”). This Notice, will become effective on November 1, 2013.
Under the new rule, manufacturers may not pre-install any software on smart mobile networking devices that will:
- collect and modify the user’s personal information without notice to and consent of the user;
- without notice to and consent of the user, enable communication functions that could have adverse consequences (such as the interruption of network information flows, loss of fees or disclosure of information);
- impact the normal functioning of devices or the safe operation of the communications network;
- contain any information prohibited by law; or
- otherwise impact the security of users’ personal information, the legitimate interests of users or network security.
Manufacturers are further required to report to the MIIT when they (1) add pre-installed software, or (2) make changes to the devices’ operating system that would affect the basic security environment required during network access testing.
Related articles
- Draft Rules on Personal Enacted by Chinese Ministry of Industry and Information Technology (dataprivacyandsecuritylaw.com)
- A Globalized Data Privacy World: China Joins the March on Protecting Personal Information (dataprivacyandsecuritylaw.com)
- China Releases Draft Regulation for Online Collection and Use of Personal Information (insideprivacy.com)
- Wireless Network Security: Setting Up Your System for a More Secure Online Experience (ally.com)
- China Regulates Smart Device Manufacturers’ Use of Pre-installed Apps (insideprivacy.com)
- Evernote expands in China market (cbennettwrites.wordpress.com)
- What is a Security Wipe and when should I use it? (blogs.blackberry.com)
