China is poised to enshrine individuals’ rights to privacy and personal data for the first time, a symbolic first step as more of the country of 1.4 billion people becomes digitised – and more vulnerable to leaks and hacks. The legislation is part of China’s first civil code, a sweeping package of laws that is being deliberated during the annual meeting of parliament, which began on Friday after a delay of more than two months due to the coronavirus.
According to a recent draft, an individual has a right to privacy and to have their personal information protected. Data collectors have a duty to protect an individual’s personal information and cannot obtain, disclose or conduct transactions of such data without consent. The push to shore up data privacy in China is widely seen as an effort to protect and legitimize the country’s fast-growing internet sector and place safeguards on the movement of valuable Chinese data overseas.
The legislation will need to be followed by detailed regulation spelling out how those rights will be protected, and this gives no protection from increasingly pervasive surveillance by a government that wields total control over the country’s digital sphere. Nevertheless, lawyers and legal experts say the recognition of digital privacy rights is an important first step allowing individuals who suffer from leaks to seek readdress.
Legal experts say existing Chinese laws do not provide adequate protection for individuals because they don’t impose significant punishment for companies responsible for breaches. Chinese courts also have been inconsistent on privacy cases, which some blamed on inadequate regulations and guidance for a rigid court system that limits judges’ scope to make new interpretations in law.
Parliament plans to roll out separate legislation specifically on protection of personal information later this year, and lawyers say Beijing needs to set stronger penalties for breaches or leaks in order to provide effective protection.
Source: Reuters
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