Mapping the development of China's data protection law: Major actors, core values, and shifting power relations

Zhao, Bo; Feng, Yang

doi:10.1016/j.clsr.2020.105498

Cited by 12 publications

(9 citation statements)

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“…Another example of the strong role of the state in the Chinese information infrastructure is the topic of data protection. While data protection regulations exist in China, these efforts focus on protecting against data abuse in the private sector, but not against the state: The Chinese government upholds the right to access data without restraint under the guise of national security (Zhao and Feng, 2021). In addition, the Chinese government has been strengthening its role by shaping the legal and regulatory environments for corporate information reporting.…”

Section: Information Governance In Chinamentioning

confidence: 99%

Information Governance — a Missing Dimension in the Varieties of Capitalism Framework

Krause

Chen

Fischer

2023

Preprint

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Since the introduction of the Varieties of Capitalism (VoC) framework in 2001, the global economy has undergone fundamental changes due to the emergence of new capitalist economies as well as businesses’ increasing reliance on information and digitalization. This paper proposes adapting the VoC framework to these changes by adding information governance as a new dimension in the evaluation of political economies. It outlines this new dimension’s features and illustrates its manifestation using China as an exemplary case. Finally, a research agenda to substantiate these findings is outlined.

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Section: Information Governance In Chinamentioning

confidence: 99%

Information Governance — a Missing Dimension in the Varieties of Capitalism Framework

Krause

Chen

Fischer

2023

Preprint

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“…But the sovereignty of one or another segment of the network is not limited to the regulation of information dissemination. 97 There are at least three additional factors facilitating digital nationalism: politics, security, and protectionism. In the first case, the aim is to request for centralizing government or national self-identification.…”

Section: The Prc Personal Information Protection Lawmentioning

confidence: 99%

Genesis of Data Security Mechanism in China: The Next Step to Data Nationalism

Gorian¹

2022

China & WTO Rev.

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The study aims to analyse data security in the financial and banking sector of China. The data laws provide a 'consent-oriented' approach where consent, along with a limited list of exceptions, is the legal basis for the processing of personal information. The personal data protection mechanism comprised the Data Security Law, the Cybersecurity Law, and the Personal Information Protection Law. Taken together, they cover all areas of information security and establish a severe data protection regime: they determine the scope of regulation, objects and subjects, responsibility, and institutional control mechanisms. For an accurate assessment, it is necessary to wait for the adoption of by-laws that specify the provisions of these laws. The financial and banking sector already has several by-laws in place that set stringent standards for the security of personal information. The leading role in this mechanism is taken by the financial regulator -the People's Bank of China.

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“…However, unlike the EU, China does not have a comprehensive data protection law yet (although in preparation) for unified, cross-sector personal data protection. It has given higher priority to economic and technological development compared to privacy protection (Zhao and Yang, 2021). We also need to consider lenient law enforcement and less privacy awareness among citizens in China.…”

Section: A Brief Literature Review On Regime Competitionmentioning

confidence: 99%

“…Current and draft legislation aims for a higher level of protection. The Chinese government may have purposely applied a lenient interpretation of data protection - in contrast to more restrictive data protection law developments in recent years (Zhao and Yang, 2021) – in order to verify illegal use of NEV subsidies. In the EU, digitally connected cars also share personal data with car manufacturers, including car and driver identities and navigation data.…”

Section: Mandatory Access To Electric Vehicle Data In Chinamentioning

confidence: 99%

Data access and regime competition: A case study of car data sharing in China

Martens

Zhao

2021

Big Data & Society

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We study the case of a Chinese industrial policy, implemented in Shanghai that makes it mandatory for car manufacturers to share electro-mechanical performance and real time navigation data from their entire fleet of electric and hybrid vehicles with local and central government authorities. This policy seeks to prevent fraud in state subsidies, reduce emissions, assess the performance of New Energy Vehicles and strengthen the competitiveness of Chinese manufacturers of these vehicles. We argue that economies of scope in data aggregation may provide traditional market failure arguments in favor of government intervention and mandatory data pooling. Our paper illustrates how data access regimes could be used for economic competition. The EU and China pursue similar data sharing and pooling policy goals that hinge on economies of scope in data aggregation. However, they follow very different political processes to achieve these goals.

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Mapping the development of China's data protection law: Major actors, core values, and shifting power relations

Cited by 12 publications

References 0 publications

Information Governance — a Missing Dimension in the Varieties of Capitalism Framework

Information Governance — a Missing Dimension in the Varieties of Capitalism Framework

Genesis of Data Security Mechanism in China: The Next Step to Data Nationalism

Data access and regime competition: A case study of car data sharing in China

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