China has a privacy regime, sorta-kinda. You can, apparently, make out the faint outline of a data protection framework if you throw a really broad net, stay open-minded about what might constitute a privacy law, and use your imagination.
That’s the general takeaway of a European Union-requested report on data privacy under Chinese law. Nevertheless, EU researchers say the realities of modern data flows and cloud computing mean that the EU must work with China. Avoiding it is not an option.
The European Parliament's Civil Liberties, Justice and Home Affairs Committee requested a report on “The data protection regime in China.” The amazingly not-at-all-lengthy-like-some-official-EU-reports-can-be-report comes in at a svelte 36-pages and concludes: “One cannot talk about a proper data protection regime in China, at least not as it is perceived in the EU.”
Researchers found that China doesn’t have unequivocal personal data processing principles. It doesn’t unequivocally grant individual rights to information, access and rectification. It lacks an efficient enforcement mechanism. Even so, there are “several relevant sectorial laws that, under a combined reading together with basic criminal and civil law provisions, may add up to a data protection cumulative effect,” the report says.
Not quite a ringing endorsement. Nevertheless, given the realities of personal data flows around the world—and contemporary cloud computing scenarios—avoiding China because of privacy concerns isn’t an option because doing so would stifle commercial and other relationships.
To keep up with the constantly evolving world of privacy and security sign up for the Bloomberg BNA Privacy and Security Update.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)