FAQ on Chinese Personal Information Protection Law (PIPL)
The PIPL defines ‘personal information’ as “all information related to identified or identifiable natural persons” but excludes information which is anonymised (information that cannot be used to identify a specific natural person and cannot be restored after being so anonymised).
Please see below the implications that this law may have on shipowners, managers, and their correspondents in the PRC. The FAQs are intended to provide guidance and should not be regarded as providing definitive legal advice.
Crew contracts may need to be amended to include the adequate level of consent required.
- In an emergency, PIPL states that that consent must be obtained ‘as soon as practicable’, meaning as soon as both practical and possible in the circumstances.
- If the seafarer is deceased or cannot provide their consent, consent will need to be obtained from the seafarer’s next of kin.
- Correspondents located in the PRC may need to enter into the relevant data transfer agreement with overseas organisations that they transfer personal information to, for example P&I clubs.
- Process the relevant sensitive personal information, especially medical information, and bank details.
- Process the relevant types of personal information, including identification and next of kin’s contact details.
- Transfer this information to third parties, including P&I clubs and law firms.
- Transfer this information overseas.
Please do contact your usual Club contact for recommended law firms in the PRC.