Privacy, National Security, and Internet Economy: An Explanation of China's Personal Information Protection Legislation

Abstract

With the development of the internet and the increasing role played by information technology in the economy, personal information protection has become one of the most significant legal and public policy problems. Since 2013, China has accelerated its legislation efforts towards protecting personal information. The Cybersecurity Law of the People’s Republic of China took effect on June 1, 2017. Legal scholars focus on the nature of personal information, discuss the necessity of enacting specific laws on protecting personal information, and attempt to propose relevant draft laws regarding personal information protection. Personal information protection, however, is not only a legal issue but also a political one. We need to look at the decision-making process about legislation on personal information protection in China. Why has China sped up its legislation on personal information protection since 2013? Is privacy, civil rights, or legal interest the main reason behind the legislation? Only after placing personal information protection legislation in a broader context, can we have a better understanding of the underlying logic and dynamics of personal information protection in China, and can perceive the potential content and possible future of these legislation. This paper argues that Internet industry development, the social consequences of personal information infringement, and national security are the main drivers of China’s personal information protection legislation.

Keywords

legislation / personal information protection / national security / internet industry / privacy / cybersecurity law

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