Respecting and protecting personal liberty. Unlawful deprivation or restriction of a citizen’s personal freedom is prohibited. In 2013, the Standing Committee of the 12th NPC adopted a decision to repeal laws and regulations on reeducation through labor. In 2019, the Standing Committee of the 13th NPC adopted a decision to repeal laws and regulations on detention education. In 2020, the State Council abolished the Measures for the Detention Education of Persons Engaging in Prostitution and Whoring. The abolition of reeducation through labor and detention education embodies the constitutional principle of respecting and protecting human rights, and demonstrates China’s commitment to protecting citizens’ personal liberty by law.

Facilitating the movement of people. China has continued to reform the household registration system. It conducts unified household registration of urban and rural areas to enable rural people who have stable jobs and have lived in urban areas for the appropriate time to register as permanent urban residents. In this way, China ensures that people enjoy equal rights. In 2020, the urbanization rate of registered population reached 45.4 percent, an increase of 10.1 percentage points from 2012. Since 2010, more than 15 million unregistered people have completed household registration.

Securing personal information and privacy by law. China has enacted the Civil Code and strengthened protection of personality rights. The government has intensified efforts in protecting data and personal information in accordance with the law and taking firm action on infringements concerning personal information. Since 2016, it has taken special actions to handle cases involving suspected violations of personal information, effectively curbing such violations. In 2019, a campaign was launched nationwide to address collection and use of personal information by applications in violation of laws and regulations, focusing on the absence of a privacy policy, bundled and forced consent, and collection and use of personal information without consent. This campaign has increased transparency in the privacy policy of applications.

The Cyberspace Administration of China and three other departments jointly issued in March 2021 the Provisions on the Scope of Required Personal Information for Common Types of Mobile Applications, clearly defining the personal information required for 39 common types of mobile apps. Between May and July 2021, the authorities conducted an assessment of personal information protection provided by 1,035 frequently downloaded apps of 12 common types. In an ensuing public notice, 351 apps were criticized for seriously violating laws and regulations, and 52 apps were taken down for failing to correct their violations within the required time frame. As a result, infringements of privacy in the collection and use of personal information have declined.

China strikes hard at telecom and cyber fraud, and severely punishes crimes involving infringements of personal information, to strengthen protection of personal privacy. In 2017, 2018, 2019 and 2020, people’s courts at all levels concluded 1,393, 2,315, 2,627, and 2,558 such cases at first instance, and 273, 292, 331, and 395 cases at first instance related to privacy disputes.

Cases of unauthorized access to users’ address book data by mobile phone apps and abuse of personal credit information by online credit platforms are subject to legal procedures. The notice and takedown rule is accurately applied. Any online platform being used to spread defamation is ordered to delete relevant information as requested by the victim. In 2019 and 2020, people’s courts at all levels concluded 4,059 and 4,058 cases at first instance on online infringement liability. The prosecuting bodies have made the protection of personal information a focus of their efforts to expand the coverage of public interest litigation.

Protecting the lawful rights and interests of detainees and prisoners. China has regulated and reduced the application of compulsory custodial measures. When detainees enter a house of detention, they are informed of their rights and obligations, and their complaints are handled in accordance with due procedure. Relevant laws and regulations have been improved to guarantee the dignity and lawful rights of detainees, including the right to meet lawyers, appeal, and receive medical treatment. Prison affairs are open to the public. Procuratorial and law enforcement supervision has been improved to protect prisoners’ lawful rights and interests. Some prisoners are allowed leave of absence from prison to visit their families.

The Community Correction Law was enacted, which embodies respect for and protection of human rights in law-based management, and integrates supervision and management with education and assistance. To protect the legitimate rights of those subject to community corrections, China provides subsistence allowances, temporary assistance, social security, and employment and education assistance. By the end of 2020, a total of 5.37 million people throughout the country had received community service orders. Of these, 4.73 million had completed their service, and 640,000 were still subject to their service orders. The recidivism rate in the case of those assigned to community service remains low at 0.2 percent.