Decree of the People's Government of Guangdong Province

Section two hundred and thirty-eight number

The Implementation Measures of Guangdong Province on Safety Technology Prevention Management has two thousand and seventeen year four month thirteen The 12th Guangdong Provincial People's Government ninety-nine Adopted at the th executive meeting and now announced. since two thousand and seventeen year eight month one Effective on.

Governor: Ma Xingrui

general provisions

Article 1 In order to standardize the management of security technology prevention, maintain national security, public security and social order, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these Measures are formulated in accordance with the Anti Terrorism Law of the People's Republic of China, the Administrative Regulations of Guangdong Province on Security Technology Prevention and other laws and regulations, and in combination with the actual situation of the province.

Article 2 These Measures are applicable to the planning, construction, maintenance, application, supervision and administration of safety and technical prevention (hereinafter referred to as technical prevention) within the administrative region of this province.

The term "technical prevention" as mentioned in these Measures refers to the activities of using technical means such as technical prevention products and systems to prevent, detect and stop illegal crimes and maintain social order and public security.

The construction and management of technical protection systems involving national security or state secrets shall be carried out in accordance with the provisions of relevant laws, regulations and rules.

Article 3 Key public areas and key units for technical prevention shall install technical prevention systems and ensure their normal operation.

Article 4 The people's governments at or above the county level shall incorporate the construction of technical prevention systems into their national economic and social development plans, organize, coordinate and urge the relevant departments to do a good job in technical prevention. The funds for infrastructure construction, operation and maintenance of the technical defense system shall be guaranteed by the finance at the same level.

Article 5 The public security organ is the competent department for the work of technical prevention and is responsible for the planning, management, guidance, supervision and inspection of the work of technical prevention under its jurisdiction.

The development and reform, education, finance, housing and urban and rural construction, transportation, quality and technical supervision and other relevant departments should do a good job in technical prevention according to the division of responsibilities.

Enterprises, institutions and social organizations with the function of public service management shall, under the guidance and supervision of the public security organ, do a good job in technical prevention within their respective duties.

Article 6 The organizations of the technical defense industry shall promote self-discipline in the industry, guide the technical defense industry to operate in a standardized manner, promote the healthy development of the industry, and cooperate with the public security organs and other relevant departments to do a good job in the publicity of technical defense regulations, rules and standards, as well as the training of technical defense practitioners.

Chapter II Construction Specifications

Article 7 Key public areas such as the main entrances and exits, main roads, road sections with complicated public security and intersections of cities, towns and villages shall be equipped with technical prevention systems that meet the standards for technical prevention.

People's governments at or above the county level shall be responsible for the planning, construction, maintenance and funding guarantee of the technical defense system in public areas, and promote networking and information resource sharing. Information resources shall be uniformly managed and comprehensively applied by the public security organs.

The technical protection system with video capture function installed in the public area shall be provided with obvious signs conforming to relevant standards.

The technical defense system built by the government in public areas belongs to public facilities, and the public security organs, relevant departments such as finance, housing and urban and rural construction, transportation, municipal administration, and other operating units such as power, network, pipe gallery and pipeline should work together to ensure the implementation of project construction, operation and maintenance management.

Article 8 No unit or individual may install or use technical prevention products or technical prevention systems in public areas without authorization, and may not hinder the normal operation of technical prevention systems in public areas.

Article 9 The following units, places and parts shall be equipped with technical prevention products or technical prevention systems that meet the technical prevention standards:

（1） Production, storage or business sites of weapons, ammunition, civil explosives, inflammable, explosive, highly toxic and radioactive substances, precursor chemicals and chemicals that can be used as chemical weapons, their precursors and main raw materials, as well as sites for testing and preserving infectious bacteria and viruses;

（2） Party and government organs, key scientific research institutions, cultural relics protection units, museums, memorial halls, archives, exhibition halls and other places where important cultural relics, archives and valuables are displayed and stored;

（3） Places for printing and storing documents, test papers, information and other materials that belong to state secrets;

（4） Treasury, places for the manufacture or centralized storage of currency, negotiable securities and bills, bills, money escort vehicles, places for the operation and storage of business and financial information of financial institutions, pawnshops, auction houses, gold, silver, jewelry, jade and other business places;

（5） Service providers such as radio and television, newspapers, telecommunications, postal services, water supply, gas supply, power supply, oil depots, gas stations, gas filling stations, as well as large-scale energy and power facilities;

（6） Airports, ports, stations, ferries, docks, parking lots and other places, passenger vehicles, passenger ships and other public transport vehicles, as well as public transport facilities such as expressways, urban expressways, urban roads, rail transit, bridges, tunnels, pedestrian crossings, as well as water conservancy facilities such as river embankments, reservoirs, artificial lakes, flood control and waterlogging drainage areas;

（7） Educational and medical institutions, public entertainment and leisure service places such as singing and dancing, entertainment, performing arts, cinemas, Internet access services, chess and cards, and public activities and gathering places such as business centers, commercial streets, large farmers' markets, squares, libraries, cultural centers, stadiums, parks, tourist attractions, convention and exhibition centers;

（8） Important material warehouse, motor vehicle maintenance, waste goods purchase site, second-hand goods trading market, logistics delivery storage and operation site;

（9） Public service places, judicial and public security supervision places, social welfare institutions, hotels, rental houses and public parts of residential areas;

（10） Other units, places and parts where the technical prevention system shall be built according to laws, regulations and rules.

The operation or management units of the units, places and parts listed in the preceding paragraph shall be included in the management of key units for technical prevention. The adjustment of the scope of key technical defense units shall be announced to the public by the public security organ of the provincial people's government according to the provisions of laws and regulations and the actual management needs.

For the planning, construction, maintenance, management and use of the technical defense system of key technical defense units, the owner, the right of use and the right of management shall agree on the subject of responsibility; If there is no agreement, the owner shall be responsible; If the ownership belongs to the state, the right of use or the right of management acquired according to law shall be responsible for it. The relevant departments or regulatory units shall perform the functions of supervision and guidance.

Article 10 No unit or individual may use technical prevention products or technical prevention systems to endanger national security and public security or infringe upon the legitimate rights and interests of citizens, legal persons and other organizations. The installed technical prevention products or technical prevention systems shall be limited to meet their own security needs and shall not expand their coverage without authorization.

It is prohibited to install technical protection products or systems with video (audio) frequency acquisition function in hotel rooms, dormitories, public bathrooms, changing rooms, toilets and other places and parts involving citizens' privacy.

Article 11 When building, rebuilding or expanding construction projects in public areas and key units for technical defense, the construction of the technical defense system shall be incorporated into the planning of construction projects. The technical protection system shall be designed, constructed and put into use simultaneously with the construction project. The technical protection system shall reserve interfaces to connect with the local alarm receiving center and the emergency command system, and share them with the public security organ through networking.

Article 12 The procedures and requirements for project initiation, bidding, design, construction, trial operation, completion, preliminary inspection, testing, acceptance, etc., as well as the operation, maintenance, networking and application of the technical defense system construction project, shall be implemented in accordance with the national standards, public security industry standards, local standards, and the relevant provisions and technical specifications of the province.

Article 13 The technical protection system installed in public areas and key technical protection units shall adopt mature, stable, safe and controllable technical protection products, and the main equipment and products shall have quality certificates that conform to the provisions of the State.

Article 14 The public security organ shall implement the qualification level management for the design, construction and maintenance units of the technical defense system. The Qualification Certificate for the Design, Construction and Maintenance of the Safety Technology Protection System of Guangdong Province (hereinafter referred to as the Qualification Certificate) is divided into four levels. The Level I and Level II Qualification Certificates shall be initially examined by the public security organ of the municipal people's government at or above the prefecture level where the applicant is registered, and issued by the public security organ of the provincial people's government; 3、 The Level 4 Qualification Certificate shall be issued by the public security organ of the municipal people's government at or above the prefecture level in the place of registration. The specific business scope of the Qualification Certificates at all levels shall be stipulated by the public security organ of the provincial people's government and announced to the public.

The units engaged in technical defense shall undertake the design, construction and maintenance business of technical defense systems according to the level of the Qualification Certificate they hold, and shall not go beyond their level to undertake business. Those who have not obtained the Qualification Certificate shall not undertake the design, construction and maintenance of the technical defense system.

Article 15 The applicant for the Qualification Certificate shall have the technical strength and experience in the design, construction and maintenance of the technical protection system that meet the requirements. The applicant can only apply for Level 4 Qualification Certificate for the first time and obtain the Qualification Certificate one Those who have more than years of experience and have met the qualification requirements for a higher level can apply for promotion level by level.

The validity period of the Qualification Certificate is two Years. If the certificate needs to be renewed, the certificate holder shall thirty Submit an application for card exchange to the public security organ within days; If it is unable to apply for renewal of the certificate on time for some reason, it shall thirty Submit the application for extension and renewal within days, but the maximum extension time shall not exceed ninety Day; If an application for renewal or extension of the certificate is submitted within the time limit, it shall not be accepted.

Article 16 The technical defense practitioners outside the province who enter the province to bid and undertake the design, construction and maintenance business of the technical defense system shall hold the qualification certificate obtained in the place where they are located to file with the public security organ of the provincial people's government, and obtain the Guangdong Provincial Qualification Record Certificate for the Design, Construction and Maintenance of Safety Technology Defense System (hereinafter referred to as the Qualification Record Certificate). The validity period of the Qualification Record Certificate is one Years. Those who have not been put on record shall not undertake the design, construction and maintenance of the technical protection system within the administrative region of the province.

Article 17 The design scheme of the technical defense system (including wired and wireless technical defense systems attached to existing buildings and pipelines) in public areas and key technical defense units shall be submitted to the public security organ of the people's government at or above the county level for approval. Among them, the design scheme of the technical defense system in the public area shall be approved by the public security organ of the people's government at the next higher level of the construction unit; The design scheme of the technical defense system of key technical defense units shall be approved by the public security organ of the local people's government at the county level in accordance with the principle of territorial management.

Before the formal construction of the technical protection system construction project, the construction unit shall submit the design scheme together with the bidding documents, contracts, equipment and product quality certificates (including industrial product production license, compulsory safety certificate, voluntary safety certificate, inspection report, etc.), construction drawings five Class documents shall be submitted to the public security organ for review. If the application materials are complete, the public security organ shall fifteen Complete the audit within days; If the application materials are incomplete, the public security organ shall inform the applicant of the materials that need to be supplemented at one time.

Article 18 The technical protection system of public areas and key technical protection units shall be inspected and qualified by the national or provincial certification and recognition testing institutions with the ability to detect the technical protection system.

Article 19 After the completion of the technical defense system in public areas and key technical defense units, the construction unit shall apply to the public security organ that originally approved the design scheme of the technical defense system for acceptance. The technical defense system can be put into use only after it is accepted as qualified by the public security organ.

Article 20 The effective storage time of the information acquired by the technical protection system of public areas and key technical protection units shall not be less than thirty Day. The effective storage time of the information acquired by the technical protection system against terrorist attacks should not be less than ninety Day.

Where laws and regulations provide otherwise, such provisions shall prevail.

Chapter III Application Management

Article 21 The units that construct or use the technical defense system in public areas and key units for technical defense shall perform the following duties:

（1） Establish and improve the operation and maintenance management mechanism to ensure the safe, stable and normal operation of the system;

（2） Properly keep the design drawings and relevant data of the technical protection system, establish the systems of on duty supervision, account, confidentiality, etc., and strengthen the confidentiality education, supervision and management of the technical protection system supervision and management personnel;

（3） Register the personnel who view and copy the information acquired by the technical protection system, the retrieval time, the retrieval purpose and the destination to ensure the information security;

（4） Establish an emergency response plan, properly handle the alarm information of the technical defense system, and report to the national security organ or the public security organ in a timely manner in case of any possible harm to national security, public security or suspected illegal or criminal acts;

（5） Other responsibilities specified by laws and regulations.

Article 22 Units engaged in technical prevention shall perform the following duties:

（1） The design, construction and maintenance shall comply with relevant standards, ensure quality and fulfill service commitments;

（2） Establish and improve the system of security, confidentiality and archiving of construction materials for future reference;

（3） Strengthen professional training and confidentiality education for employees;

（4） Other responsibilities specified by laws and regulations.

Article 23 With regard to the technical protection system installed in public areas and key technical protection units, no unit or individual may commit the following acts:

（1） Stealing or destroying the equipment and facilities of the technical protection system;

（2） Destroy or change the operating procedures of the technical protection system, or delete, hide, destroy or destroy the original records;

（3） Unauthorized change of the location, purpose and scope of use of the technical protection system;

（4） Disclose basic information of technical protection system;

（5） Unauthorized use of technical protection system records;

（6） Other behaviors that affect the operation and use of the technical protection system.

Article 24 The information acquired by the technical protection system shall be protected by law, and no unit or individual shall commit any of the following acts:

（1） Illegal trading or illegal use and dissemination of acquired information;

（2） Divulge state secrets, trade secrets and personal privacy by using the acquired information, and infringe upon the legitimate rights and interests of citizens, legal persons and other organizations;

（3） Unauthorized provision, reproduction, remake, deletion, concealment, destruction or abandonment of the acquired information;

（4） Refusing or obstructing relevant administrative departments to use the technical prevention system to acquire information according to law;

（5） Other acts of illegally using the technical protection system to collect information.

Article 25 The people's governments at or above the county level may, according to the needs of public security administration and counter-terrorism work, designate relevant departments to integrate resources of the technical defense system built by key technical defense units and other units and individuals within their jurisdiction in accordance with legal, safe and standardized requirements, and promote networking and sharing.

According to the needs of maintaining national security, public security and social order, public security organs and national security organs can access the technical defense system of relevant units for free, or directly use their information resources.

Public security organs and national security organs shall not charge relevant units for accessing the technical defense system of relevant units or directly using their information resources in accordance with the provisions of the preceding paragraph.

Article 26 The public security organs and the State security organs may consult the relevant information of the technical prevention system for the needs of law enforcement; The need to copy and retrieve relevant information shall be approved by the person in charge of the public security organ or national security organ of the people's government at or above the county level where the technical protection system is located.

When a public emergency occurs, the relevant departments of the people's governments at or above the county level that have the power to investigate and handle the public emergency can consult, copy, and retrieve the relevant information of the technical defense system.

Where other administrative departments need to consult, copy or retrieve the information related to the technical defense system due to law enforcement, they shall obtain the approval of the public security organ of the people's government at or above the county level in the place where the technical defense system is located.

If a citizen suffers heavy losses due to personal, property and other rights and interests, and the situation is urgent, with the consent of the unit using the technical defense system, he or she may view some information related to the technical defense system, but may not reprint, copy or retrieve it. The unit using the technical defense system shall register to view the identity information of the personnel, the starting and ending periods of the information, and the reasons for the review. If it is really necessary to copy the information collected by the technical defense system in the public area for legal reasons, it shall be approved by the public security organ under the people's government that built the technical defense system.

The units and individuals who view, consult, copy and retrieve the information related to the technical protection system shall perform the responsibility of confidentiality management according to law.

Article 27 Relevant administrative departments shall observe the following provisions when consulting, duplicating and retrieving the information related to the technical protection system according to the provisions of Article 26 of these Measures:

（1） No less than two People;

（2） Show your work certificate;

（3） Present the approval document of the public security organ or the certification document issued by the unit;

（4） Perform registration procedures;

（5） Abide by the use and confidentiality system of information related to the technical protection system.

Article 28 Units and individuals that use the information collected by the technical prevention system to discover or stop illegal and criminal activities, and provide important clues or evidence for the public security organs and national security organs to investigate and deal with illegal and criminal activities, shall be commended and rewarded in accordance with relevant regulations.

Article 29 The public security organ shall, in accordance with the principle of territorial management, strengthen the publicity, education, supervision and inspection of technical prevention work, find out the hidden dangers of technical prevention in time and urge the relevant units to rectify within a time limit. The supervision and inspection mainly includes the following items:

（1） Installation of technical protection system in key public areas and key technical protection units;

（2） Scheme review, inspection, completion acceptance, etc. of the installed technical protection system;

（3） The construction of technical protection system complies with relevant standards and technical specifications;

（4） Operation of technical protection system and preservation of acquired information;

（5） Implementation of technical prevention management related systems by the construction or use unit;

（6） Other matters requiring supervision and inspection according to law.

The public security organ may, together with other relevant administrative departments, carry out supervision and inspection, and the relevant units and individuals shall cooperate.

Article 30 The public security organ shall establish and improve the system of making law enforcement public, accepting complaints and reports, and standardize the management of technical prevention.

Article 31 In case of serious consequences due to violation of the provisions of these Measures, the public security organ shall record the illegal information of the violator, incorporate it into the public credit information management system according to the provisions, and make it public through the public credit information sharing service platform, relevant websites, news media, etc.

Chapter IV Legal Liability

Article 32 In case of any of the following circumstances in violation of the provisions of these Measures, the local public security organ at or above the county level or the national security organ shall order the violator to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be punished personally five hundred More than RMB one thousand A fine of less than yuan will be imposed on the unit five thousand More than RMB thirty thousand The person in charge and other persons directly responsible for the unit may also be fined less than yuan two hundred More than RMB five hundred A fine of less than yuan; Those who violate the administration of public security shall be punished in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security; Those suspected of committing a crime shall be transferred to the judicial organ for handling according to law:

（1） Violating the provisions of Article 8 of these Measures, installing and using technical protection products or systems in public areas without authorization, or impeding the normal operation of technical protection systems in public areas;

（2） Violating the provisions of Article 10 of these Measures, using technical prevention products or technical prevention systems to endanger national security and public security or infringe upon the legitimate rights and interests of citizens, legal persons and other organizations, or installing technical prevention products or technical prevention systems with video (audio) frequency acquisition function in places and locations involving citizens' privacy.

Article 33 Those who, in violation of the provisions of Article 9 of these Measures, should install but do not install technical protection products or systems shall be given a warning by the local public security organ at or above the county level and ordered to make corrections within a time limit; If it fails to make corrections within the time limit, the unit shall be punished five thousand More than RMB thirty thousand A fine of less than yuan; If serious consequences are caused twenty thousand More than RMB one hundred thousand The person in charge and other persons directly responsible for the unit shall be punished with a fine of less than RMB yuan five thousand More than RMB ten thousand Fine less than RMB.

Article 34 In case of any of the following circumstances in violation of the provisions of these Measures, the local public security organ at or above the county level shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, the unit shall be punished two thousand More than RMB ten thousand The person in charge and other persons directly responsible for the unit may also be fined less than yuan two hundred More than RMB five hundred Fine below RMB:

（1） In violation of the provisions of Article 11 of these Measures, the technical defense system does not reserve an interface to connect with the local alarm receiving center and emergency command system, and shares it with the public security organ online;

（2） Violating the provisions of Article 12 of these Measures, and the construction of the technical prevention system does not meet the relevant standards and requirements;

（3） In violation of Article 13 of these Measures, the main equipment and products of the technical protection system have no relevant quality certificates;

（4） Violating the provisions of Article 20 of the Measures, and the storage time of the information acquired by the technical protection system does not meet the relevant requirements;

（5） Violating the provisions of Article 21 of these Measures, the construction or use unit of the technical prevention system fails to perform the relevant duties in accordance with the provisions;

（6） In violation of the provisions of Article 22 of these Measures, the technical prevention unit fails to perform relevant duties in accordance with the provisions.

Article 35 Those who violate the provisions of Article 14 and Article 16 of these Measures and fail to obtain the Qualification Certificate, the Qualification Record Certificate or undertake the design, construction and maintenance business of the technical defense system at a higher level shall be ordered to make corrections by the public security organs at or above the county level, and their illegal income shall be confiscated ten thousand More than RMB thirty thousand Fine less than RMB.

Article 36 In case of violation of the provisions of Article 17 and Article 19 of these Measures, construction is carried out without passing the examination of the design scheme of the technical prevention system, or the technical prevention system is put into use without passing the acceptance, the public security organ at or above the county level shall order it to make corrections and punish the construction unit ten thousand More than RMB thirty thousand Fine less than RMB.

Article 37 Anyone who commits one of the illegal acts listed in Article 23 of these Measures shall be ordered by the public security organ at or above the county level to make corrections and be punished by the unit ten thousand More than RMB thirty thousand A fine of less than yuan will be imposed on individuals two thousand More than RMB ten thousand A fine of less than yuan; If it causes damage, it shall bear civil liability according to law; Those who violate the administration of public security shall be punished in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security; If it is suspected of committing a crime, it shall be transferred to the judicial organ for handling according to law.

Article 38 Anyone who commits one of the illegal acts listed in Article 24 of these Measures shall be punished by the public security organ at or above the county level ten thousand More than RMB thirty thousand A fine of less than yuan will be imposed on individuals five hundred More than RMB one thousand A fine of less than yuan; If it causes damage, it shall bear civil liability according to law; Those who violate the administration of public security shall be punished in accordance with the provisions of the Law of the People's Republic of China on Administrative Penalties for Public Security; If it is suspected of committing a crime, it shall be transferred to the judicial organ for handling according to law.

Article 39 If the public security organ, other relevant administrative departments and their staff members have any of the following circumstances in the work of technical prevention, their superior organs or supervisory organs shall order them to make corrections; If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given sanctions according to law; If it causes damage, it shall bear civil liability according to law; Those suspected of committing a crime shall be transferred to the judicial organ for handling according to law:

（1） Failing to comply with the provisions on information inquiry of technical protection system;

（2） Designating the brand of technical defense products and the employer by taking advantage of their functions and powers;

（3） Divulging state secrets, business secrets or personal privacy by taking advantage of his position;

（4） Failing to perform the duty of supervision and inspection according to law, and causing serious consequences;

（5） Failing to deal with the situation according to law in a timely manner after receiving the police report from the user of the technical defense system, thereby harming the legitimate rights and interests of citizens, legal persons or other organizations;

（6） Other circumstances of abuse of power, dereliction of duty, favoritism and malpractice.

If the public security organ illegally implements the administrative license, it shall be handled in accordance with the relevant provisions of the Administrative License Law of the People's Republic of China.

Chapter V Supplementary Provisions

Article 40 The term "technical defense products" as mentioned in these Measures refers to devices or equipment that have the functions of preventing invasion, robbery, theft, destruction, explosion, etc.

The technical protection system referred to in these Measures refers to the security protection system integrated with scientific and technological means, technical protection products and other related products, including intrusion alarm, video monitoring, road checkpoints, access control, electronic patrol, parking garage (yard) management, explosion-proof safety inspection, collection and identification of human biological characteristics, intelligent video image analysis and other systems, And systems or networks integrated with these systems as subsystems.

The information acquired by the technical protection system mentioned in these Measures refers to the data and information collected and processed by the technical protection system.

Article 41 The conditions and procedures for handling the "Qualification Certificate", "Qualification Record Certificate", design scheme review, and completion acceptance in Articles 15, 16, 17, and 19 of these Measures, and the detection specifications for the technical defense system in Article 18 shall be separately stipulated by the public security organ of the provincial people's government.

Article 42 The Measures are formulated from two thousand and seventeen year eight month one Effective from.