合规网标识码:个人信息保护 数据安全
Provisions on the Administration of Algorithm-generated Recommendations for Internet Information Services
中文
Issuing Authority:Cyberspace Administration of China Ministry of Industry & Information Technology Ministry of Public Security State Administration for Market Regulation
Date Issued
Effective Date
Level of Authority
Partially Invalid
Area of Law
数据和隐私保护
Status
Effective
Summary
Revision record
Full Text
Provisions on the Administration of Algorithm-generated Recommendations for Internet Information Services
互联网信息服务算法推荐管理规定
Order of the Cyberspace Administration of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, and the State Administration for Market Regulation
(No. 9)
The Provisions on the Administration of Algorithm-generated Recommendations for Internet Information Services, as deliberated and adopted at the 20th 2021 executive meeting of the Cyberspace Administration of China on November 16, 2021, as approved by the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Market Regulation, are hereby issued, and shall come into force on March 1, 2022.
Zhuang Rongwen, Director of the Cyberspace Administration of China
Xiao Yaqing, Minister of Industry and Information Technology
Zhao Kezhi, Minister of Public Security
Zhang Gong, Director of the State Administration for Market Regulation
December 31, 2021
Provisions on the Administration of Algorithm-generated Recommendations for Internet Information Services
Chapter I General Provisions
Article 1 For the purposes of regulating algorithm-generated recommendations for Internet information services, promoting the core socialist values, safeguarding the national security and public interest, protecting the lawful rights and interests of citizens, legal persons, and other organizations, and boosting the sound and orderly development of Internet information services, these Provisions are formulated in accordance with laws and administrative regulations such as the Cybersecurity Law of the People's Republic of China, the Data Security Law of the People's Republic of China, the Personal Information Protection Law of the People's Republic of China, and the Measures for the Administration of Internet Information Services.
Article 2 These Provisions shall apply to the provision of Internet information services by applying recommendation algorithm technology (hereinafter referred to as the "algorithm-recommended services") within the territory of the People's Republic of China, unless otherwise provided for by laws or administrative regulations.
For the purposes of the preceding paragraph, "applying recommendation algorithm technology" means applying generation and synthesis, personalized push, selection sort, search filtering, scheduling decision, and other algorithm technologies to provide information to users.
Article 3 The national cyberspace authority shall be responsible for the overall coordination of nationwide governance of algorithm recommended services and related supervision and administration. The telecommunications, public security, market regulatory, and other relevant authorities of the State Council shall be responsible for the supervision and administration of algorithm-recommended services according to their respective duties.
Local cyberspace authorities shall be responsible for the overall coordination of governance of algorithm recommended services and related supervision and administration in their respective administrative areas. Local telecommunications, public security, market regulatory, and other relevant authorities shall be responsible for the supervision and administration of algorithm-recommended services in their respective administrative areas according to their respective duties.
Article 4 In providing algorithm-recommended services, providers shall comply with laws and regulations, respect social morality and ethics, observe business and professional ethics, and act in an impartial, fair, open, transparent, scientific, reasonable, and honest manner.
Article 5 Relevant industry organizations shall be encouraged to strengthen industry self-regulation, establish and improve industry standards, industry guidelines, and self-regulatory management systems, and urge and direct algorithm-recommended service providers to formulate and improve service rules, provide services in accordance with the law, and accept public oversight.
Chapter II Rules of Information Services
Article 6 An algorithm-recommended service provider shall adhere to the mainstream value orientation, optimize its mechanisms for algorithm-recommended services, actively spread positive energy, and promote the positive and good application of algorithms.
An algorithm-recommended service provider shall not use algorithm-recommended services to engage in activities prohibited by laws and administrative regulations such as endangering the national security and public interest, disrupting economic and social order, and infringing on the lawful rights and interests of others, or to disseminate information prohibited by laws and administrative regulations, and shall take measures to prevent and resist the dissemination of negative information.
Article 7 An algorithm-recommended service provider shall implement its primary responsibility for algorithm security, establish and improve management systems and technical measures for examination of algorithm mechanisms and mechanics, scientific and technological ethics review, user registration, examination of information releases, data security and personal information protection, combat against telecommunication network frauds, security assessment and monitoring, emergency response to security incidents, and the like, formulate and publicly disclose rules related to algorithm-recommended services, and assign professionals and technical support commensurate with the scale of algorithm-recommended services.
Article 8 An algorithm-recommended service provider shall regularly review, assess, and verify algorithm mechanisms and mechanics, models, data, and application results, among others, and shall not set up algorithm models which induce users to indulge or engage in overconsumption, or otherwise violate laws, regulations, or ethics.
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