WP14

WORKING

PAPERS

WORKING PAPER • VOL. 1 • N° 4 • NOVEMBER 2015

THE DATA PROTECTION REGIME IN CHINA

IN-DEPTH ANALYSIS

 

by Prof. Paul de Hert and Dr. Vagelis Papakonstantinou, Vrije Universiteit Brussel, VUB

ABSTRACT

 

This in-depth analysis was commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee.

 

One cannot talk of a proper data protection regime in China, at least not as it is perceived in the EU. The international data protection fundamentals that may be derived from all relevant regulatory instruments in force today, namely the personal data processing principles and the individual rights to information, access and rectification, are not unequivocally granted under Chinese law. An efficient enforcement mechanism, also required under European standards, is equally not provided for. China has no comprehensive data protection act but several relevant sectorial laws that, under a combined reading together with basic criminal and civil law provisions, may add up to a data protection ‘cumulative effect’. This assertion is examined and assessed in the analysis that follows. A list of realistic policy recommendations has been drawn up in order to establish whether China’s recent data protection effort is part of a persistent, yet concise, policy.

 

Keywords: data protection, China

 

 

 

Connect with us

 

Brussels Privacy Hub

Law Science Technology & Society (LSTS)

Vrije Universiteit Brussel

Pleinlaan 2 • 1050 Brussels

Belgium

info@brusselsprivacyhub.org

@pivacyhub_bru

Stay informed

 

Keep up to date of our activities and developments. Sign up to our newsletter:

My Newsletter

Copyright © Brussels Privacy Hub