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Personal Data Protection Law in China
China currently has no single, integrated personal data protection law. Data protection concerns do exist, but are expressed through various unrelated laws that originate in other fields (such as constitutional law or computer law) that contain certain compliance requirements that are, in practice, much like complying with a personal data protection law. For instance, there is a national law protecting the privacy of minors. This law is practically implemented through regulations enacted by each province. For the most part, these provincial regulations do not act like personal data protection laws, but a key provincial-level municipality prohibits the collection, use, or publication of a minor's personal information without the consent of the minor's guardian. In practical terms, complying with this is identical to complying with a personal data protection law.
The current status of data protection in China, however, is about to undergo a major change in the near future. The Chinese government has already committed time and resources to draft and pass its first comprehensive personal data protection law. At this time, no draft has become publicly available for review or comment, as legislators and their consultants are still in the process of deciding the underlying approach that will be reflected in the law. However, certain important developments have already emerged from the effort this year. These are summarized below.
Regulation of Spam
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The Article 8 Opt In
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Strategy vs. Tactics: Two Sides of a Difficult Coin
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Legal Possession: What Does It Mean?
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The Stranger to the Deed Rule
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