Beijing Authorities Release Negative List for Data Export in Key Industries

Authorities in Beijing, including the Beijing Municipal Bureau of Commerce and the Beijing Municipal Service and Data Administration, have issued the ‘Management Measures for Negative List of Data Export from China (Beijing) Pilot Free Trade Zone (Trial)’ and the ‘Management List of Data Export from China (Beijing) Pilot Free Trade Zone (Negative List) (2024 Edition).’ These documents address the pressing need for data export in critical scenarios and are aligned with the city’s key industry arrangement. They initially focus on sectors such as automobiles, pharmaceuticals, retail, civil aviation, and artificial intelligence, with a commitment to continuous improvement and refinement of the negative list policy framework.

The negative list encompasses two primary categories: ① A data list subject to security assessments for data export, which primarily involves key information infrastructure operators transferring personal information or significant data overseas, and other data processors transferring important data or personal information that meets the negative list criteria for security assessment declarations; ② A data list requiring registration through the Standard Contract for Personal Information Transfer Abroad and authentication for personal information protection prior to export, focusing on data processors who handle personal information that fits the negative list criteria for contract registration or personal information protection authentication.

In the medical sector, data that requires security evaluation for export includes large-scale group diagnosis and treatment information, health and physiological conditions, medical rescue security data, and specific drug experimental data. It also covers biometric and medical resource data from substantial fields, groups, and regions, as well as data involved in export control or technology export management. Personal information is managed according to the volume of exports, with varying levels of oversight (see table below). Data exports that must adhere to other legal and compliant channels include genetic information and genetic data that meet the scale or precision thresholds set by relevant national departments.- Flcube.com

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