China—From Warring States to Convergence?
China—From Warring States to Convergence?
The People’s Republic of China (PRC) has enacted five significant legislative instruments concerning data privacy since 2011, two of them originating at the highest level, the Standing Committee of the National People’s Congress. It has only become apparent since late 2012 that China is now moving away from a patchwork ‘sectoral’ approach to data privacy, toward a more coherent structure, with similar principles applying across most of the private sector. Reported cases concerning enforcement are becoming more common, particularly in criminal law and tort law. Ministries involved in both telecommunications and consumer affairs have key roles. Eventually, an overall national law may emerge, probably with no single specialized administrative body in charge (no ‘data protection authority’), but convergence is looking more likely. In the small field of data privacy China has made considerable advances toward the rule of law, in both the public and private sectors.
Keywords: data protection, privacy, Asia, PRC, China, Ministries, criminal law, tort
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