The National Health Commission of the People’s Republic of China (“NHC”) issued the Administrative Measures on the Standards, Security and Service of National Health and Medical Big Data (Trial) (“Measures”) on 14 September 2018.
Under the Measures, health and medical big data (“big data”) refers to health and medical related data that is generated from the process of disease control and prevention or health management. Medical institutions and related entities ("responsible organisations") are responsible for the security and application management of big data.
Responsible organisations should (i) conduct technical measures to ensure the security of big data and establish a disaster recovery backup mechanism to ensure complete accurate and timely recovery of big data; (ii) establish a reliable network security environment in accordance with the requirements of the cybersecurity classification protection system; (iii) provide safe channels of information inquiry and reproduction, and strictly implement data access and usage restrictions; and (iv) establish a strict digital real name authentication system, a system for monitoring and pre-warning security of big data, a cybersecurity alert system and an emergency linkage mechanism to enable all relevant parties to be notified or take further action where appropriate. Big data in relation to national secrets should be processed in accordance with the relevant confidential regulations.
Big data should be securely stored on reliable servers within the territory of China. If big data needs to be transferred overseas, responsible organisations must undertake a security evaluation procedure. When selecting a big data service agent, responsible organisations should ensure that the agent complies with the relevant requirements and jointly undertake responsibility with the selected agent. If responsible organisations would like to publish big data, it must not disclose national secrets, trade secrets, individual privacy or infringe any legitimate power and rights.
Please click here to read the full text (Chinese only) of the Measures.