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Digital Economy and Data Protection Newsletter（24.14）

TMT法律论坛 • 11 月前 • 194 次点击  

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Recently, the Ministry of Natural Resources has been continuously strengthening its supervision of surveying and mapping, successively issuing regulations on the surveying and mapping behavior of smart connected vehicles and the provision of confidential surveying results to foreign parties, clarifying several issues regarding the compliance of surveying and mapping activities. The Ministry of Public Security and the National Cyberspace Administration have issued the "Administrative Measures for the National Network Identity Authentication Public Service" to build a national network identity authentication public service. In the field of artificial intelligence, Chongqing has published penalty cases for the illegal provision of AIGC services, and the EU Artificial Intelligence Act officially took effect on August 1.


HOTSPOT

HOTSPOT



The Ministry of Natural Resources Takes Dual Actions to Clarify Nine Major Issues in Data Processing of Surveying and Mapping for Smart Connected Vehicles


The development momentum of China's smart connected vehicle industry is strong and is generally at the global level. However, in the research and development and application of smart connected vehicles, one of the focal topics is the compliance of surveying and mapping activities. Surveying and mapping work is related to national sovereignty, security, and public interest, and has always been a key area of supervision. In recent days, the Ministry of Natural Resources has taken continuous actions. On July 26, 2024, the "Notice of the Ministry of Natural Resources on Strengthening the Safety Management of Surveying and Mapping Geographic Information Related to Smart Connected Vehicles" (hereinafter referred to as the "Surveying and Mapping Notice") was issued; on July 31, 2024, the "Administrative Measures for the Provision of Confidential Surveying and Mapping Results to Foreign Parties" were released. The "Surveying and Mapping Notice" aims to standardize the surveying and mapping activities of the smart connected vehicle industry, which has been in an explosive growth period in recent years. This article takes the "Surveying and Mapping Notice" as the main line and provides practical Q&A on issues of concern to car companies (including car companies, service providers, and intelligent driving solution providers).


For more information, please click here.






The Ministry of Public Security and the National Cyberspace Administration have released a public announcement soliciting opinions on the "Administrative Measures for the National Network Identity Authentication Public Service (Draft for Comments)."


On July 26, 2024, to accelerate the implementation of the network trustable identity strategy, in accordance with laws and regulations such as the "Cybersecurity Law," "Data Security Law," "Personal Information Protection Law," and "Anti-Telecom Network Fraud Law," the Ministry of Public Security and the National Cyberspace Administration issued the "Administrative Measures for the National Network Identity Authentication Public Service (Draft for Comments)" (hereinafter referred to as the "Management Measures"), and are publicly soliciting opinions from society. The main purpose of the "Management Measures" is to build a national network identity authentication public service, to uniformly issue "net numbers" and "net certificates" to the public, and to provide real identity registration and verification services based on the information of legal identity documents. The "Management Measures" consist of 16 articles, mainly including four aspects of content: First, it clarifies the concepts of public services and "net numbers" and "net certificates"; second, it clarifies the use and scenarios of public services; third, it emphasizes the obligations of data and personal information protection of public service platforms and internet platforms; fourth, it clarifies the legal responsibilities of public service platforms and internet platforms for violating the obligations of data and personal information protection.


Source: National Cyberspace Administration





Chongqing Cyberspace Administration Releases Penalty Cases for Illegal Provision of AIGC Services 


In the first half of 2024, the Chongqing Cyberspace Administration vigorously investigated various illegal and irregular behaviors on the internet, legally closed 142 illegal websites, rectified 101 websites and platforms through talks, closed 29 illegal and irregular accounts according to law and agreement, removed 21 mobile applications, carried out 11 administrative penalty cases, among which involved penalty cases for the illegal provision of AIGC services.


Source: Chongqing Cyberspace Administration



The EU Artificial Intelligence Act Officially Takes Effect 


On August 1, 2024, the EU "Artificial Intelligence Act" officially took effect. This act is the world's first comprehensive legislation to regulate artificial intelligence, marking an important step for the EU in regulating the application of artificial intelligence. The act stipulates that chatbots and other artificial intelligence systems must clearly inform users that they are interacting with a machine, and artificial intelligence technology providers must ensure that synthesized audio, video, text, and image content can be detected as artificially generated.


The act stipulates that the use of artificial intelligence systems that are considered to pose a significant threat to users' fundamental rights is prohibited, and companies with violations may be fined up to 7% of their global annual turnover by the EU. It is reported that the relevant rules of the act will be implemented in stages, some rules will take effect 6 months or 12 months after the act is passed, and most rules will take effect on August 2, 2026.


Source: European Commission

https://ec.europa.eu/commission/presscorner/detail/en/ip_24_4123


NEWSLETTER

NEWSLETTER


（Click on the source or copy the corresponding link to view the details）




LEGISLATION

  1. The Ministry of Natural Resources issued the "Administrative Measures for the Provision of Confidential Surveying and Mapping Results to Foreign Parties."

    Source: Ministry of Natural Resources

    https://gk.mnr.gov.cn/zc/zxgfxwj/202407/t20240731_2853816.html


  2. The Ministry of Natural Resources issued a notice on strengthening the safety management of surveying and mapping geographic information related to smart connected vehicles.

    Source: Ministry of Natural Resources

    https://gi.mnr.gov.cn/202407/t20240729_2853731.html


  3.  The Ministry of Public Security and the National Cyberspace Administration issued the "Administrative Measures for the National Network Identity Authentication Public Service (Draft for Comments)."

    Source: National Cyberspace Administration



  4. The State Council issued the "Regulations on the Implementation of the Law on the Protection of State Secrets."

    Source: State Council

    https://www.gov.cn/zhengce/content/202407/content_6963933.htm


  5. The Ministry of Industry and Information Technology released the new edition of the industrial robot industry standard conditions and management implementation methods.

    Source: Ministry of Industry and Information Technology


  6. The National Cryptography Administration issued the "National Cryptography Administration Commercial Cryptography Random Inspection List (2024 Edition)."

    Source: National Cryptography Administration

    https://www.sca.gov.cn/sca/xwdt/2024-07/19/content_1061193.shtml


  7. The China Academy of Information and Communications Technology officially launched the compilation of financial APP user rights protection standards.

    Source: China Academy of Information and Communications Technology


  8. The National Development and Reform Commission and other four departments issued the "Action Plan for the Green and Low-Carbon Development of Data Centers."

    Source: National Development and Reform Commission

    https://www.ndrc.gov.cn/xwdt/tzgg/202407/t20240723_1391895.html


  9. The Beijing Municipal Development and Reform Commission and other departments issued the "Beijing Action Plan for 'AI+' (2024-2025)."

    Source: Beijing Municipal Development and Reform Commission

    https://fgw.beijing.gov.cn/fgwzwgk/2024zcwj/bwqtwj/202407/t20240726_3760264.htm


  10. The "Beijing International Big Data Exchange Co., Ltd. Personal Information Authorization Operation Management Measures (Trial)" were released.

    Source: Beijing International Big Data Exchange


  11. Guangzhou Municipality issued the "Guangzhou Municipal Regulation on the Innovation and Development of Smart Connected Vehicles (Draft Revision Draft · Draft for Comments)."

    Source: Guangzhou Municipal People's Congress

    https://www.rd.gz.cn/zxtz/content/post_253769.html


  12. The Hangzhou Internet Court issued the "Cross-Border E-Commerce Platform Behavior Guidelines."

    Source: Hangzhou Internet Court


  13. The "Guizhou Province Data Circulation and Trading Promotion Regulations" were announced.

    Source: Guizhou Provincial Big Data Development Administration

    https://dsj.guizhou.gov.cn/zwgk/xxgkml/zcwj/zcfg/202407/t20240731_85183967.html


INDUSTRY TRENDS

  1. The Ministry of Industry and Information Technology reported 17 non-compliant apps/SDKs.

    Source: Ministry of Industry and Information Technology

    https://www.miit.gov.cn/xwdt/gxdt/sjdt/art/2024/art_c3866f938a0f4bf997c30a8bdafb992c.html


  2. The Central Cyberspace Administration launched a special operation named "Clear and Bright: Rectification of False and Vulgar Chaos in the Online Live Broadcast Field."

    Source: Central Cyberspace Administration

    https://www.cac.gov.cn/2024-07/31/c_1724107668689755.htm


  3. The State Administration for Market Regulation and the National Development and Reform Commission deepened their cooperation in information sharing.

    Source: State Administration for Market Regulation


  4. The State Administration for Market Regulation and the Supreme People's Court continued to optimize the data sharing cooperation mechanism to combat dishonest behavior.

    Source: State Administration for Market Regulation


  5. The China Internet Finance Association released the third issue of mobile finance client application software non-compliance cases for 2024.

    Source: China Internet Finance Association


  6. A bank in Guizhou was fined 3.365 million yuan for providing personal adverse information without notifying the information subject.

    Source: People's Bank of China Guizhou Branch

    http://guiyang.pbc.gov.cn/guiyang/113288/113306/113313/5416984/index.html


  7. The Chongqing Cyberspace Administration publicized the handling of illegal and non-compliant behaviors involving AIGC service violations.

    Source: Chongqing Cyberspace Administration


  8. The Shanghai Cyberspace Administration conducted a special inspection on the collection and use of personal information by 21 apps within its jurisdiction.

    Source: Shanghai Cyberspace Administration


  9. The Chongqing and Sichuan Communications Administrations announced the list of apps infringing on user rights in the Sichuan and Chongqing regions (7th edition).

    Source: Chongqing Communications Administration


  10. A property service company in Guangxi was penalized for failing to fulfill personal information protection obligations.

    Source: Public Security Department Cybersecurity Bureau


  11. Yubei District in Chongqing initiated a special rectification action for personal information protection in the property field.

    Source: Chongqing Cyberspace Administration


  12. The Zhejiang Communications Administration reported 11 apps infringing on user rights (6th batch of 2024).

    Source: Zhejiang Communications Administration


  13. The Nansha Court in Guangzhou adjudicated a criminal case involving "AI face-swapping" to crack platform authentication and illegally obtain data from computer information systems. Source: Nansha Court, Guangzhou


OVERSEAS

  1. European Union

    1. The "Artificial Intelligence Act" officially came into effect.      Source: European Commission

      https://ec.europa.eu/commission/presscorner/detail/en/ip_24_4123


    2. The European Commission published the draft of the Artificial Intelligence      Agreement (AI Pact).

      Source: European Commission

      https://digital-strategy.ec.europa.eu/en/policies/ai-pact


    3. The AI Office initiated a multi-stakeholder consultation on the topic of trustworthy general AI models.

      Source: European Commission

      https://digital-strategy.ec.europa.eu/en/consultations/ai-act-have-your-say-trustworthy-general-purpose-ai


    4. The AI Office launched a call for participants to draft the first code of      conduct for general AI models.

      Source: European Commission

      https://digital-strategy.ec.europa.eu/en/news/ai-act-participate-drawing-first-general-purpose-ai-code-practice


    5. The EDPS released a new model for administrative arrangements for the transfer of personal data between EU institutions and international organizations.    

      Source: European Data Protection Supervisor (EDPS)

      https://www.edps.europa.eu/press-publications/press-news/press-releases/2024/edps-unveils-new-model-safer-transfers-personal-data-between-eu-institutions-and-international-organisations_en


    6. The German Federal Court ruled that the name of the Data Protection Officer (DPO) does not need to be disclosed in the privacy policy.

      Source: German Federal Court

      https://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=Aktuell&Sort=12288&nr=138392&anz=1296&pos=12&Blank=1.pdf


  2. United States

    1. NIST released the final version concerning general AI risk management, secure      development practices, and the AI standards global engagement program.      

      Source: U.S. Department of Commerce

      https://www.commerce.gov/news/press-releases/2024/07/department-commerce-announces-new-guidance-tools-270-days-following


    2. NIST published a draft guide on risk management for the misuse of dual-use foundational models.

      Source: National Institute of Standards and Technology (NIST)

      https://www.nist.gov/news-events/news/2024/07/department-commerce-announces-new-guidance-tools-270-days-following#:~:text=NIST's%20AI%20Safety%20Institute%20has,cause%20deliberate%20harm%20to%20individuals%2C


    3. The Senate voted to pass the Children's Online Safety and Privacy Act.

      Source:  U.S. Congress

      https://www.congress.gov/bill/118th-congress/senate-bill/2073/all-actions


    4. The Federal Trade Commission issued orders to eight companies, demanding information on the impact of surveillance pricing on privacy, competition, and consumer protection.

      Source: Federal Trade Commission (FTC)

      https://www.ftc.gov/news-events/news/press-releases/2024/07/ftc-issues-orders-eight-companies-seeking-information-surveillance-pricing


    5. The New York State Department of Financial Services issued guidelines to protect consumers from unfair or illegal discrimination by insurers using AI.

      Source: New York State Department of Financial Services

      https://www.dfs.ny.gov/reports_and_publications/press_releases/pr20240711241


    6. The California CDT updated the privacy threshold assessment and privacy impact assessment forms.

      Source: California Consumer Privacy Act (CDT)

      https://cdt.ca.gov/wp-content/uploads/2022/09/SIMM-5310C_2022-September.docx


  3. United Kingdom

    1. The ICO commented on Google's decision not to block third-party cookies.

      Source:Information Commissioner's Office (ICO)

      https://ico.org.uk/about-the-ico/media-centre/news-and-blogs/2024/07/ico-statement-in-response-to-google-announcing-it-will-no-longer-block-third-party-cookies/


  4. South Korea

    1. The Personal Information Protection Commission (PIPC) imposed a penalty of about 2 billion won on AliExpress for the unauthorized cross-border transfer of user information. Source: The Korea Times

      https://www.koreatimes.co.kr/www/nation/2024/07/251_379357.html


  5. China Hong Kong

    1. The government released an article on AI data guidelines.

      Source:PCPD.org.hk

      https://www.pcpd.org.hk/english/whatsnew/20240725.html


  6. Taiwan

    1. The "Science and Technology Committee" released a draft of the basic law on artificial intelligence and its explanation.

      Source: Taiwan's Science and Technology Committee

      https://www.nstc.gov.tw/folksonomy/detail/87e76bcd-a19f-4aa3-9707-ca8927dcb663?l=ch


  7. Nigeria

    1. The Federal Competition and Consumer Protection Commission (FCCPC) penalized Meta for violating consumer, data protection, and privacy laws.

      Source: Reuters

      https://www.reuters.com/technology/nigerias-consumer-watchdog-fines-meta-220-million-violating-local-consumer-data-2024-07-19/


  8. Latvia

    1. The Data State Inspectorate (DVI) published guidelines to avoid common mistakes in personal data processing.

      Source: Data State Inspectorate      (DVI)

      https://www.dvi.gov.lv/lv/jaunums/dviskaidro-biezak-pielautas-kludas-personas-datu-apstrade-ka-no-tam-izvairities?utm_source=https%3A%2F%2Fwww.dataguidance.com%2F



Note

本文由AIGC翻译，仅供参考。

Translated by AIGC service. For reference only.


本期编辑：陈瑊 陈煜烺 马辰 林婉琪 

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