The Ministry of Public Security of the People’s Republic of China (hereinafter referred to as MPS) has released <the Regulations on Internet Security Supervision and Inspection by Public Security Organs> (hereinafter referred as the Regulation), which will come into force since November 1 2018.
According to the Regulation, the public security organs shall conduct supervision and inspection of Internet service providers and internet users according to the needs of network security prevention and the specific conditions of network security risks and hidden dangers.
When the public security organ conducts supervision and inspection, they can take measurements as below if needed: enter into business premises, computer server room, workplace, ask the person in charge or network security personnel there to deliver explanation for the supervision and inspection, search and duplicate information related to Internet security supervision and inspection, check the network and information security protection measures.
The Regulation clearly states that, in the supervision and inspection of Internet security, the public security organ shall supervise and direct the internet service providers and the Internet users to take measures to eliminate the potential risks of network security.If any illegal act is found, but the circumstances are minor or have no consequences, the offender shall be ordered to make rectification within a time limit.
If an internet service provider or an internet user unit commits any illegal act, the public security organ may impose administrative penalties according to related laws and regulations. Those who violate the administration of public security shall be punished according to related laws and regulations; If a crime is constituted, criminal responsibility shall be investigated according to law.
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