This blog entry provides an overview of the evolution in Chinese regulation regarding the types of corporate information made available to the public, and how such information may be obtained from government authorities.
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Criminal Law
Shanghai Criminal Case Against British Citizen Illustrates China’s Growing Interest in Data Protection
In addition to a series of new data protection regulations in China, a recent crackdown by Shanghai authorities reflects the Chinese government’s increased focus on the protection of personal information.
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Federal Court Finds No Reasonable Expectation of Privacy in Computer Files Shared on a Public Network
On August 1, 2013, a federal district court in Minnesota denied a criminal defendant’s motion to suppress evidence, holding that the defendant had no reasonable expectation of privacy in computer files he had shared on a peer-to-peer network.
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Chinese Ministry of Industry and Information Technology Enacts New Privacy Regulations for the Telecommunications Sector
On July 16, 2013, the Ministry of Industry and Information Technology of the People’s Republic of China issued a new rule requiring individuals to provide their real identity information when they register for telecommunications services. The new provisions will take effect on September 1, 2013.
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Chinese Ministry of Industry and Information Technology Enacts New Data Protection Rule
On July 16, 2013, the Ministry of Industry and Information Technology of the People’s Republic of China issued a new rule entitled Provisions on the Protection of Personal Information of Telecommunications and Internet Users. The new provisions will take effect on September 1, 2013.
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The Consideration of Arrest and Conviction Records in Employment Decisions: A Critique of the EEOC Guidance
As reported in the Hunton Employment and Labor Perspectives Blog, an article by Hunton and Williams partners Terry Connor and Kevin White on the EEOC’s April 2012 Guidance recently was published in the Seton Hall University Law Review. The Guidance interprets Title VII to impose disparate impact liability on employers who use criminal background checks in the hiring process.
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Belgian Privacy Commission Refers Data Breach Case to Public Prosecutor
On April 29, 2013, the Belgian Privacy Commission announced that it referred a data breach case to the Brussels Public Prosecutor’s office. The breach, which involved The National Belgian Railway Company, affected 1.46 million sets of customer data. …
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Chinese Ministry of Industry and Information Technology Enacts Draft Rules on Personal Information
On April 10, 2013, the Chinese Ministry of Industry and Information Technology enacted two draft rules that include substantial provisions regarding the protection of personal information. The public comment period on the rules is open until May 15, 2013.
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Appeals Court Holds “Reasonable Suspicion” Required for Forensic Search of Laptop at the Border
On March 8, 2013, a U.S. federal appeals court issued a decision in United States v. Cotterman, holding that the federal government must have “reasonable suspicion” of criminal activity to conduct a forensic search of laptops and similar devices in the possession of individuals attempting to cross the border.
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Supreme Court Finds Warrantless GPS Tracking Unconstitutional
On January 23, 2012, the U.S. Supreme Court issued its ruling in United States v. Jones, holding 9-0 that the attachment of a GPS device to a suspect’s car to monitor the vehicle’s movements constituted a search within the meaning of the Fourth Amendment. …
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