China's Personal Information Protection Law (PIPL) took effect on Nov. 1, 2021, and applies to all individuals and organizations handling personal data. Regulators have been actively investigating suspected violations and issuing fines. For employers, implementing PIPL compliance measures when processing employees' personal information reduces legal risks. This article provides the fundamentals for managing employees' personal information.
Obtain Specific Consent When Using Third Parties
Employees' personal information shall not be provided to third parties without consent. During recruitment, if the enterprise uses a third party to provide recruitment services or conduct a background investigation, the enterprise must obtain the written authorization of the employee. In other words, the employer shall inform and obtain the consent of the individual, otherwise, the enterprise may infringe on the individual's rights.
Collect Only Minimum Personal Information
The personal information of employees shall not be collected excessively. The collection is limited to "basic information directly related to the labor contract," and mainly includes name, gender, nationality, identity certificate number, address, personal e-mail, health status, education and degree, work experience, emergency contact and so forth.
Employers shall determine the scope and content of information according to their actual needs and ensure the collected employee personal information is reasonable and...
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