International Law

China Data Privacy Update

By Stan

About a week ago, I wrote about the need for a national data privacy law in China in light of changes to the Criminal Law with respect to government disclosure of private data.

As a follow-up, I would recommend reading an excellent article out in the China Economic Review on the subject, which goes into more detail on the recent changes to the Criminal Law as well as some comments on judicial action in this area.

The article discusses how judges are increasingly sympathetic to claims against misuse of private data, based on general principals enumerated in the Civil Law.

I think it’s a positive development, but until we get a national law, I will certainly not feel comfortable relying on civil actions based on the Civil Law — judges could stop being proactive at any time without specific guidance on the issue.

© Stan for China Hearsay, 2009. | Permalink | No comment | Add to del.icio.us

Full post as published by China Hearsay on March 24, 2009 (boomark / email).