Mapping the development of China's data protection law: Major actors,core values,and shifting power relations |
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| Institution: | 1. Tilburg Institute of Law, Technology, and Society, Tilburg University, the Netherlands;2. Guanghua Law School, Zhejiang University, China;1. Council of Europe, Head of the Data Protection Unit, Strasbourg, France;2. Department of Management and Production Engineering, Polytechnic University of Turin, Italy;3. School of Law, University of Southampton, Southampton, United Kingdom;1. Institute for Chinese Legal Modernization Studies, law School of Nanjing Normal University, Collaborative Innovation Center for Regional Rule of Law in Jiangsu, No.1 Wenyuan Road, Nanjing 210023, China;2. School of Intellectual Property of Nanjing University of Science & Technology, Intellectual Property Development Research Center of Jiangsu Province, No.200 Xiaolingwei Street, Nanjing 210094, China;3. law School of Zhejiang University, No.51 Zhijiang Road, Hangzhou 310008, China;1. KoGuan School of Law, Shanghai Jiao Tong University, China;2. KoGuan School of Law, Shanghai Jiao Tong University , China |
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| Abstract: | This Article seeks to map the possible paths of the development of China's data protection law by examining the changing power relations among three major actors - the State, digital enterprises and the public in the context of China's booming data-driven economy. We argue that focusing on different core values, these three major actors are the key driving forces shaping China's data protection regime. Their dynamic and multidimensional power relations have been casting the development of China's data protection law with various uncertainties. When persuing different, yet not always conflicting values, these three major actors may both cooperate and compete with each other. Based on our careful analysis of the shifting power relations, we identify and assess three possible paths of the development of China's data protection law. We are much concerned that the proposed comprehensive data protection law might be a new attempt of the State to win legitimacy abroad, while actually trying to reinforce massive surveillance besides economic goals. We argue that a modest alternative may be that this law might show some genuine efforts for protecting data privacy, but still with poor enforcement. Last, we argue that the most desirable development would be that this law could provide basic but meaningful and effective protection for data privacy, and lay a good foundation for further development. |
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