Legislative protection for key information infrastructure

Key infrastructure is vital to national security, as well as the economic and social development of a nation. Countries around the world pay special attention to key infrastructure when formulating cyber-security strategies and promulgating legislation. As early as 2003, China began putting forth the concept of “emphasis on guaranteeing the security of basic information networks and vital information systems”. In recent years, cyber and national security have become a key focus in China, with consistent legislative efforts to strengthen the protection of key information infrastructure.

Key information infrastructure

The Cyber Security Law (Draft), promulgated in July 2015, was the first piece of legislation to define “key information infrastructure” by listing four categories: (1) basic information networks for public communications, broadcast television transmission and other services; (2) important information systems for vital industries including energy, transportation, water conservation, finance, and public service sectors including power, water and gas supply, medical services, public health and social security; (3) military and administrative networks for municipal-level government authorities; and (4) networks and systems owned or managed by network service providers with large user bases (a specific definition of which has not been established).

In addition to the main categories above, key information infrastructure that may be relevant to the TMT (telecoms, media and technology) sector could include networks and systems that overlap with vital industries and public service areas but do not necessarily have large user bases, such as those for online finance, cloud computing or online medical services.

Ben Chai and Cloud Li are associates at DaHui Lawyers