Cyber Security Law intends to make four modifications and publicly solicit opinions from the society
Author:Changjiang Daily Time:2022.09.15
The reporter learned from the National Network Information Office yesterday (14th) that in order to do a good job of connection and coordination of network security law and related laws, improve the legal responsibility system, protect the legitimate rights and interests of individuals and organizations in network space, and safeguard national security and public interests. The State Cyber Information Office drafted the "Decision on Modification of the" Cyber Security Law of the People's Republic of China "(draft for comments)" and publicly solicited opinions from the society.
It is intended to change the "one -size -fits -all" punishment method
It is understood that the "Draft for Soliciting Opinions" intends to improve the legal responsibility system that violates the general regulations of the network operation security. Combined with the implementation of the current network operation security legal system, the types and amplitude of administrative penalties that intend to adjust the act of violating the obligations of network operation security or the consequences of the operation of network operation security.
Zuo Xiaodong, a professor at the School of Public Affairs Safety, School of Public Affairs of the University of Science and Technology of China: The network operator is regulated, but the types of network operators are diverse. Individual operators, the previous penalties were cut, that is, it is suitable for network operators of different volumes at the same time. It lost the deterrent power. For this reason, the modification changed the type and amplitude of the punishment, and changed to serious illegal acts. According to the upper limit of 50 million yuan, or the fined turnover of the previous year, the fine was fined according to the proportion of the proportion. Previous problems in legislation.
It is intended to adjust the extent of administrative penalties and prohibited measures for employment
In addition, the "Draft for Soliciting Opinions" also intends to adjust the legal responsibility system for network information security. Adapt to the actual situation of network information security work, integrate the legal responsibilities that violate the obligations of network information security, adjust the extent of administrative penalties and the prohibited measures of the business, and add the legal liabilities of illegal acts that have not stipulated in laws and administrative regulations.
Zuo Xiaodong, a professor at the School of Public Affairs Safety, School of Public Affairs of the University of Science and Technology of China: The unit violates the provisions of the law. People have been accustomed to the penalty unit, but from the actual work, many illegal incidents come from the person in charge of the unit and do not perform their duties. Responsibility and lack of safety awareness. In response to this situation, this time, the punishment of the responsible person was increased, such as the prohibited measures of the industry.
Critical information infrastructure operators have increased penalties for illegal acts
Experts believe that in the past two years, our country has continuously improved laws and regulations such as cyber security and data security, and continuously improved relevant laws and regulations systems. As the first comprehensive network security law, since the release and implementation of the implementation on June 1, 2017, It is very necessary to adjust and modify some current specific situations.
It is understood that key information infrastructure is the nerve center of economic and social operations. In order to strengthen the responsibility for the security protection of key information infrastructure, and further improve the administrative penalties of illegal information infrastructure operators in key information infrastructure. Legal responsibility system for facility security protection.
Zuo Xiaodong, a professor at the School of Public Affairs Safety, School of Public Affairs of the University of Science and Technology of China: This time, the two actions of operators in key information infrastructure have increased penalties. The first is the use of online products or services that have not been approved by unsteady or security censorship; second, the behavior of storing network data overseas or providing network data to overseas, these are closely fitted with the current actual work.
The legal liability for personal information protection is intended to be changed to transition regulations
In addition, the "Draft for Soliciting Opinions" also amended the legal responsibility system for personal information protection. In view of the personal information protection law, the legal liability system for personal information protection is specified, and the legal liability of the original personal information protection is planned to modify the original personal information protection.
Zuo Xiaodong, a professor at the School of Public Affairs Security, School of Public Affairs of the University of Science and Technology of China: When the Cyber Security Law was released, the Personal Information Protection Law has not been included in the legislative planning of the National People's Congress, but in order to respond to the society's expectations for protecting personal information to protect personal information at that time The network security law specifically listed the chapter of network information protection. Later, the personal information protection law made more detailed regulations on this. Considering this reality, this time the network security law was modified to be modified. Protect relevant terms, then punishment in accordance with the provisions of relevant legal administrative regulations, that is, in accordance with the provisions of legal administrative regulations such as the Personal Information Protection Law, this belongs to a transitional provision.
(Source: CCTV News Client)
【Edit: Shang Pei】
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