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Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

The Ministry of Public Security and the Cyberspace Administration of China (CAC) on July 26, 2024 released an announcement soliciting public comments on the Draft Measures for the Administration of National Network Identity Authentication Public Services (for Public Comment) (Draft Measure).

Under the Draft Measure, the government will establish a government public service platform (Government Authentication Platform) to provide online identity authentication public services. Individuals can voluntarily apply for the “Net Number” and “Net Certificate” from the Government Authentication Platform.

A “Net Number” is a code comprising letters and numbers that corresponds to an individual’s identity information and does not contain explicit identity information. A “Net Certificate” refers to a digital credential containing the Net Number and non-explicit identity information for online identity verification.

When individuals are required by law to authenticate their real identities for internet services provided by internet platform operators, the individuals can choose to use the Net Number and Net Certificate to verify their identity, instead of providing other identification documents such as the government-issued ID cards. This measure is aimed at minimizing the excessive collection and retention of individuals’ government-issued ID cards by internet platform operators.

The Draft Measure also requires the Government Authentication Platform to comply with various principles and obligations established by the Personal Information Protection Law, including the minimal necessary principle and informed consent requirements. Further, minors under the age of 18 are protected with additional restrictions (parents’ consent and supervisions) when applying for the online identity authentication.

The Draft Measure also encourages relevant authorities, key industries, and internet platform operators to voluntarily implement and use Net Numbers and Net Certificates to verify identification of individuals, fulfilling their obligations to protect personal information and verify true identity information.