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Shenzhen unveils rules to protect personal data

07/07/2021 Source: Szdaily.com

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APP service providers are not allowed to ban users from using their apps on the ground that users refuse to give full authorizations, according to the full text of Shenzhen Special Economic Zone Data Regulation which was released at the official website of city’s legislature yesterday.

It is the country’s first foundational and comprehensive legislation in the data field.

App providers should not deny services to users who refuse to provide personal information, according to the regulation that will take effect Jan. 1, 2022.

The regulation will also impose heavy fines on companies that charge old users higher prices. Under the regulation, companies found discriminately charging customers different prices for the same products or services shall face a penalty ranging from 50,000 yuan (US$7,738) to 50 million yuan or 5 percent of the company’s turnover in the previous year.

Online users also have the rights to reject products and services which are recommended by data companies based on their personal information and data. Data collectors need to inform users about their data collection purposes and get consent from them before being allowed to analyze users’ preferences and offer personalized recommendations.

To avoid abuse of biological recognition technologies such as facial recognition, fingerprint recognition and vocal unlocking, the regulation required service providers to offer alternative solutions unless the biological recognition data are necessary to handle personal data and cannot be replaced by other solutions.

Public data concerning education, health, social welfare, gas, water, electricity, environmental protection and public transportation should be open to the public for free, according to the regulation.

Didi Chuxing, a popular ride-hailing app, was removed from app stores Sunday after the Cyberspace Administration of China said it had illegally collected and used personal information.

In a statement, the administration said that the app, owned by Chinese ride-hailing giant Didi Global Inc., seriously violated laws and regulations and ordered Didi Chuxing to rectify its problems in relation to laws and national standards to guarantee their users’ information security.

In a response on its Sina Weibo account Sunday, Didi Chuxing said it would rectify the problems and continuously raise its risk prevention awareness. It added that it would improve its technical ability to protect its users’ personal information and data, protect users from Internet safety risks and continuously provide a safe and convenient service.

Those who had already downloaded the app can use it as usual, meaning that existing users — both passengers and drivers — are not affected.