중국 네트워크 안전법에 관한 연구

Abstract

In 2013, there was an incident in which the U.S. National Security Agency (NSA) eavesdropped on the world through its privacy program ‘Prism’, citing the need for “security.” In the process, it became known that information accumulated by private companies such as Microsoft, Yahoo, Google, Apple, Facebook and YouTube was provided. Countries have become aware of the dangers of free movement of data, and they also feel the need to regulate cyberspace and China was one of them. The number of Internet Users in China was increasing and as the use of the Internet expanded, problems such as personal information protection began to emerge. To solve these problems, it was necessary to legislate to regulate them. The Network Security Law was passed at the 24th session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China (2016. 11. 7.) and has been in force since June 1, 2017 after three rounds of deliberation after its draft of 2015. The Network Security Law consists of 7 chapters contains 79 clauses. The purpose of the enactment is to ensure network safety, to safeguard network space sovereignty and national security, to safeguard social and public interests, to protect lawful rights of citizens, corporations and other organizations, and to promote sound development of economic and social informatization (Article 1). The scope of application is targeted at the establishment, operation, maintenance and use of networks in China and supervision and management of network security (Article 2). The main contents are network support and promotion, network operation safety, network information security, monitoring information and emergency response, and legal responsibility. This paper will examine the legislative intent, process and main contents of China's Network Security Law, and try to review the legal task of Chinese government on their Management of Network Security.