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GB/T 42574-2023Information security technology—Implementation guidelines for notices and consent in personal information processing (English PDF)

信息安全技术 个人信息处理中告知和同意的实施指南

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Issued by

SAMR; SAC

Level / Type

National · Recommended

Issue date

May 23, 2023

Implementation date

December 1, 2023

Scope

GB/T 42574-2023 is the English-translated version of 信息安全技术 个人信息处理中告知和同意的实施指南.

This document gives the methods and the steps for informing individuals of the processing rules and obtaining their consent when personal information is processed.

The document applies to personal information processors protecting the rights and interests of individuals in the course of processing, and can also serve as a reference for supervision, inspection, evaluation and similar activities.

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Document preview — GB/T 42574-2023

National Standard of the People's Republic of China

ICS
35.030
Classification
L 80

Issued by: State Administration for Market Regulation; Standardization Administration of the PRC

Contents

  • Preface
  • 1 Scope
  • 2 Normative references
  • 3 Terms and Definitions
  • 4 Abbreviations
  • 5 Applicable Circumstances of Notification
  • 5.1 Collection of personal information
  • 5.2 Provision and disclosure of personal information
  • 5.3 Changes in processing activities, etc
  • 5.4 Other situations
  • 6 Applicable Circumstances of Consent
  • 6.1 Circumstances requiring consent
  • 6.2 Circumstances exempt from obtaining consent
  • 7 Basic Principles of Information and Consent
  • 7.1 Basic principles of notification
  • 7.2 Basic principles of consent
  • 7.3 Elements that should be considered for notification and consent
  • 8 inform
  • 8.1 Ways of Notification
  • 8.2 Contents of Notification
  • 8.3 Implementation of the notification
  • 9 agreed
  • 9.1 Choice of Consent Mechanism
  • 9.2 Implementation of Consent
  • 9.3 Implementation of individual consent
  • 9.4 Implementation of written consent
  • 9.5 Implementation of refusal of consent
  • 9.6 Withdrawal of consent
  • 9.7 Retention of Evidence of Consent
  • Appendix A (informative) Notification and consent of basic business functions and extended business functions of App
  • Appendix B (Informative) Notification and Consent in the Scenario of App Embedding a Third-Party SDK
  • Appendix C (Informative) Notification and Consent of Handling Personal Information of Minors Under 14 Years of Age
  • Appendix D (Informative) Notification and Consent in Smart Life Scenarios
  • APPENDIX E (INFORMATIVE) INFORMATION AND CONSENT IN PUBLIC PLACES
  • Appendix F (Informative) Notification and Consent in Personalized Push Scenario
  • Appendix G (Informative) Notification and Consent in the Cloud Computing Service Scenario
  • Appendix H (Informative) Notification and Consent in the Vehicle Scenario
  • Appendix I (Informative) Notification and Consent in the Internet Finance Scenario
  • Appendix J (Informative) Notice and Consent in Online Shopping Scenario
  • Appendix K (Informative) Notification and Consent in the Express Logistics Scenario
  • Appendix L (Informative) Notification and Consent in the Internet Real Estate Brokerage Service Scenario
  • Appendix M (informative) Notification and consent in the context of personal identification
  • Appendix N (informative) Examples of circumstances in which consent may be presumed
  • Reference

Foreword

This document is in accordance with the provisions of GB/T 1.1-2020 "Guidelines for Standardization Work Part 1: Structure and Drafting Rules for Standardization Documents" drafting.

1 Scope

This document provides the implementation methods and steps for informing individuals of the processing rules and obtaining their consent when processing personal information.

This document is applicable to the protection of personal rights and interests of personal information processors when carrying out personal information processing activities, and can also be used for supervision, inspection and evaluation. and other activities to provide reference.

2 Normative references

The contents of the following documents constitute the essential provisions of this document through normative references in the text. Among them, dated references For documents, only the version corresponding to the date is applicable to this document; for undated reference documents, the latest version (including all amendments) is applicable to this document.

GB/T 25069-2022 Information Security Technical Terminology

GB/T 35273-2020 Personal Information Security Specifications for Information Security Technology

GB/T 39335-2020 Information Security Technology Personal Information Security Impact Assessment Guidelines

3 Terms and Definitions

The following terms and definitions defined in GB/T 25069-2022 and GB/T 35273-2020 apply to this document.

3.1 Personal information

Various information related to identified or identifiable natural persons recorded electronically or otherwise, excluding anonymized Information. [Source: GB/T 35273-2020, 3.1, with modifications]

3.2 Sensitive personal information

Once leaked or illegally used, it is likely to cause the personal dignity of natural persons to be violated or the personal and property safety to be endangered information.

Note: Sensitive personal information includes biometrics, religious beliefs, specific identities, medical health, financial accounts, whereabouts, etc., and minors under the age of 14 person's personal information.

3.3 Personal information processor

Organizations or individuals that independently determine the purpose and method of processing personal information.

Note: It is consistent with the "personal information controller" in GB/T 35273-2020.

3.4 Inform the notice

The act of making individuals aware of their personal information processing activities and its related rules.

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This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 53 pages — is available in the English PDF.

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