The Right to Privacy: An Emerging Right in Chinese Law

Zhu, Guobin

doi:10.1093/slr/18.3.208

Cited by 11 publications

(3 citation statements)

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“…The intertwined relationship between defamation and privacy marks the beginning of China's legal conceptualisation of privacy. This choice of law-making, as some scholars explain, 47 has cultural roots in China as privacy was often culturally equated with shameful secrets. As such, for almost two decades , privacy had been protected in China only on the condition that reputational damages were evidenced, as stipulated under Article 101 of the Civil Law General Principles (CLGP), 48 the first generation of the civil law system in China.…”

Section: The Galaxy Of Civil Lawmentioning

confidence: 99%

From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

Li,

Chen

2023

Preprint

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This paper explores the evolution of China’s Personal Information Protection Law (PIPL) and situates it within the context of global data protection development. It draws inspiration from the theory of ‘Brussels Effect’ and its precedents, that describes the extraterritorial influence of EU regulations. Our objective is not to provide a commentary on China’s legal development but to illuminate the intricate dynamics between the Chinese law and the EU’s GDPR. It is argued that the trajectory of China’s Personal Information Protection Law calls into question the applicability of the Brussels Effect: while the GDPR’s imprint on the PIPL is evident, a deeper analysis unveils China’s nuanced, non-linear adoption that diverges from many assumptions of the Brussels Effect and similar theories. The evolution of the GDPR-inspired PIPL is not as a straightforward outcome of the Brussels Effect but as a nuanced, intricate interplay of external influence and domestic dynamics. We introduce a complementary theory of ‘gravity assist’ which portrays China’s strategic instrumentalisation of the GDPR as a template to shape its unique data protection landscape. Our conceptual framework highlights how China navigates through a patchwork of internal considerations, international standards, and strategic choices, ultimately sculpting a data protection regime that has a similar appearance to the GDPR but aligns with its distinct political, cultural and legal landscape. This reveals much about how China takes in the foundational premises of data protection that are inherently built in Europe’s cherishment of the rule of law, democracy and human rights on the one hand, and the evaluation of data protection as a fundamental right. Based on a detailed historical and policy analysis of the PIPL, and reasonable speculations on its future avenues, we substantiate this theory and argue that this strategic, instrumental approach to alignment underscores the limitations of applying the Brussels Effect and similar theoretical frameworks to a non-Western jurisdiction like China.

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Section: The Galaxy Of Civil Lawmentioning

confidence: 99%

From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

Li,

Chen

2023

Preprint

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“…38 of the Chinese Constitution, which guaran-ties the personal dignity of the citizens of the People's Republic of China, is the "ultimate source from which legislation on the protection of personal rights emanates." 24 Art. 40 guarantees the freedom and privacy of correspondence as a specific instance of the general protection of personal dignity.…”

Section: National Regulatory Instrumentsmentioning

confidence: 99%

Privacy and Biobanking in China: A Case of Policy in Transition

Chen¹,

Chan²,

Joly³

2015

J. Law. Med. Ethics

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With a population of over 1.3 billion, China is the most populous country in the world. It is facing an acute aging population problem, with a projected 440 million residents over age 60 and 101 million over age 80 by 2050. Furthermore, rapid industrialization and urbanization in China have resulted in serious air pollution and associated public health problems, including an increase in respiratory diseases and cancers. These and other demographic trends have generated concerns about the cost of health care and its impact on population health. In recent years, the Chinese government has invested heavily in the fields of translational research and biobanking with the hope that research in both fields can yield effective solutions to improve the public’s health and quality of life. The establishment of national biobanks was identified as a major initiative needed for the biomedical industry in the 12th Five-Year National Development Plan of Strategic Emerging Industries promulgated by the State Council in 2012.

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“…The expansion to EMRs, EHRs, and shared EHR systems may eventually yield a growing interest in privacy and data protection. Although China has no specific privacy law, concern for privacy and data protection has developed over the years (Jin, 1994; Lu, 2005; Zhu, 1997) and Internet use and privacy surveys, consumer protection laws, protection of health information privacy from employers, and tort reform of December 2009 have represented additional privacy concerns in China (Brown, 2010). The Guidelines for Personal Protection (Ministry of Information and Industry Technology, 2011), not yet a law, offer general rights to people relating to their personal information in all computer systems.…”

Section: Biometric Identification and Authentication In Health Carementioning

confidence: 99%

Health‐Care Data Protection and Biometric Authentication Policies: Comparative Culture and Technology Acceptance in China and in the United States

Brown¹

2012

Review of Policy Research

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A proliferation of health information technology (HIT) policies to implement dimensions of e‐health, including electronic medical records, electronic health records, personal health records, and e‐prescribing—along with expanding initiatives on mobile health in developed countries and emerging technologies—has sparked academic inquiry into the protection of privacy and data and the technology to protect privacy and data. This article examines HIT policies in the United States and in China and the use of authentication technologies to assess biometrics as privacy's friend or foe in different political frameworks with varying conceptions of privacy. An analysis of privacy in the context of health data protection, challenging relations of trust between patients and providers, the increasing perspective of health data integrity as a cyber‐security issue, and the growing rate of medical fraud and medical identity theft may yield findings of a convergence of views of privacy and biometrics unexpected of contrasting political cultures.

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The Right to Privacy: An Emerging Right in Chinese Law

Cited by 11 publications

References 0 publications

From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

Privacy and Biobanking in China: A Case of Policy in Transition

Health‐Care Data Protection and Biometric Authentication Policies: Comparative Culture and Technology Acceptance in China and in the United States

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