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China’s New Legislation on Personal Information Protection in Light of the Covid-19 Pandemic
Chao Wang1; Taixia Shen2
Source PublicationJournal of International and Comparative Law

During the COVID-19 pandemic period, China used a data-based approach to protect public health. Although this approach has supported the containment of the COVID-19 virus, it risks infringing the right to privacy. This paper considers how this data-based approach, including data collection, sharing, storage and disclosure could affect the right to privacy, and shows that the data collection process in China may involve the collection of irrelevant personal data from too many broad categories and sometimes without consent of the data subject. The results show that the main challenges to the right to privacy are (1) a lack of effective information control and storage safeguards, (2) the improper use and disposal of information and (3) the disclosure of non-desensitised information. This article examines PRC’s newly passed legislation, including the Cybersecurity Law, Data Security Law, and the Personal Information Protection Law, which constitute China’s first systematic and comprehensive regulatory framework to protect personal information. This regulatory framework requires that any restrictions on the right to protect personal information and privacy rights must be in the public interest such as public health and security. This article examines whether and to what extent this regulatory framework is capable of addressing challenges of big data applications to individual rights to privacy and proposes some further improvements.

Indexed ByESCI
PublisherSweet & Maxwell
Document TypeJournal article
Corresponding AuthorChao Wang
Affiliation1.Faculty of Law, University of Macau
2.School of Law, Jinan University
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Chao Wang,Taixia Shen. China’s New Legislation on Personal Information Protection in Light of the Covid-19 Pandemic[J]. Journal of International and Comparative Law,2022,9(2).
APA Chao Wang,&Taixia Shen.(2022).China’s New Legislation on Personal Information Protection in Light of the Covid-19 Pandemic.Journal of International and Comparative Law,9(2).
MLA Chao Wang,et al."China’s New Legislation on Personal Information Protection in Light of the Covid-19 Pandemic".Journal of International and Comparative Law 9.2(2022).
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