China Technology Media and Telecom Monthly Update - December 2022 Issue

If you would like to subscribe for our newsletters and be notified of our events on China cybersecurity and data protection, please contact James Gong at [email protected].

Regulatory Developments

1. MIIT sought public comments on Circular on Launching Access and Road Traffic Pilot Program for Intelligent Connected Vehicles

   On 2 November, the Ministry of Industry and Information Technology (MIIT) and the Ministry of Public Security (MPS) jointly issued the Circular on Launching the Access and Road Traffic Pilot Program for Intelligent Connected Vehicles (Draft for Comments) (the "Draft for Comments"). Under the Draft for Comments, the MIIT and the MPS shall, on the basis of nationwide road testing and demonstrative application of intelligent connected vehicles, select and conduct access pilots for eligible road motor vehicle manufacturers and intelligent connected vehicle products with autonomous driving functions that are qualified for mass production; and the intelligent connected vehicle products that successfully pass the access pilots will then be evaluated in road traffic pilots within limited areas of public roads in pilot cities.

2. MCT released Draft for Comments on Promoting High-Quality Development of Online Tourism Market

   On 1 November, the Opinions of the Ministry of Culture and Tourism on Promoting the High-quality Development of the Online Tourism Market (Draft for Comments) (the "Draft for Comments") drafted by the Ministry of Culture and Tourism (MCT) were released for public comments. The Draft for Comments proposes to strengthen the protection of tourists' location-based data and other sensitive personal information, prevent the collection of tourists' personal information beyond the reasonable need for business operation, and implement measures to avoid big data discriminatory pricing, false advertising, fake bookings, and other behaviours that violate the rights and interests of tourists.

3. NHC and other two departments issued 14th Five-Year Plan for Informatization of National Health Services

   On 7 November, the National Health Commission (NHC) and two other departments issued the 14th Five-year Plan for the Informatization of National Health Services (the “Plan”). The Plan calls for improving the system of healthcare big data resources and elements, strengthening the innovative application of healthcare big data and industrial governance, improving process quality control and governance of data, and promoting the development of healthcare big data centres.

4. Central CAC promulgated revised Provisions on Management of Internet Threaded Comment Services

   On 16 November, the Cyberspace Administration of China (CAC) promulgated the revised Provisions on the Management of Internet Threaded Comment Services (the "Provisions"). According to the Provisions, Internet threaded comment service providers shall conduct proper management of Internet threaded comment service users and public account producer-operators in accordance with the user service agreements.

5. SMBPNR issued Shanghai Provisions on Pilot Administration of High-Definition Maps for Intelligent Connected Vehicles

   On 28 November, the Shanghai Municipal Bureau of Planning and Natural Resources (SMBPNR) released the Shanghai Provisions on the Pilot Administration of High-Definition Maps for Intelligent Connected Vehicles, which set out specific requirements for the innovative application of intelligent connected vehicles from various perspectives, including the application scope and management system, innovative application process, road traffic safety management and risk prevention and control, network security and data security protection, emergency response requirements and related legal liabilities.

6. Shanghai issued Provisions of Shanghai Pudong New Area on Promoting Innovative Application of Driverless Intelligent Connected Vehicles

   On 23 November, the Standing Committee of the Shanghai Municipal People's Congress adopted the Provisions of Shanghai Pudong New Area on Promoting the Innovative Application of Driverless Intelligent Connected Vehicles (the "Provisions"). According to the Provisions, enterprises conducting innovative applications shall establish a full-process data security and personal information protection management system and fulfil their responsibilities in this regard.

Industry Developments

1. The State Council Information Office released White Paper titled "Jointly Build a Community with a Shared Future in Cyberspace"

   On 7 November, the State Council Information Office released a white paper titled "Jointly Build a Community with a Shared Future in Cyberspace" (the “White Paper”). The White Paper provides a comprehensive picture of the achievements in the development and management of the Internet in China. In addition, the document presents China's progress in developing a legal framework for cyberspace, including a comprehensive cyber law system, rigorous cyber law enforcement, innovative measures for cyber judiciary work, etc.

2. MFA issued China's Position Paper on Strengthening Ethical Governance of Artificial Intelligence

   On 17 November, the Ministry of Foreign Affairs (MFA) released the Position Paper of China on Strengthening Ethical Governance of Artificial Intelligence (AI). According to the document, governments should give priority to ethics and promote the regulation of AI ethics by establishing and improving rules, enhancing risk awareness, and applying tiered and categorized management. The document also calls for efforts to strengthen self-discipline, improve algorithm security and data quality in AI research and development, and to avoid discrimination of AI systems.

3. Jiangsu published typical cases on anti-monopoly and anti-unfair competition

   On 30 November, the Jiangsu High People's Court and the Provincial Administration for Market Regulation released ten typical cases concerning anti-monopoly and anti-unfair competition. In most of these cases, counterfeiting and trade secret infringement are at the centre of the dispute.