Abstract:
With the rise of China’s economy and the fast globalization of China’s IT industry, an increasing number of EU citizens’ personal data are collected and processed on Chinese territory. This article aims to discuss to what extent EU citizens’ personal data can be protected under the Chinese and EU data protection frameworks, what are the major problems with the present circumstances, and in which ways EU citizens’ personal data cam be better protected as future police choice? To provide a general background, Section II briefly discusses foreigners’ legal status and the data protection framework in China. Section III analyses in much detail four practical circumstances under which EU citizens’ personal data are processed in China and the possible legal remedies available in case of potential data breaches. Section IV further explains the current situations of judicial mutual assistance between China and EU countries on civil, commercial and criminal matters, in particular regarding the recognition and enforcement of foreign judgments and arbitration awards. The paper is concluded with some concrete suggestions for both Chinese and EU law and policy makers to consider for improvement in their future work.
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Bo Zhao and GP (Jeanne) Mifsud Bonnici, ‘Protecting EU citizens’ personal data in china: a reality or a fantasy?’. International Journal of Law and Information Technology (2016) doi: 10.1093/ijlit/eaw001, first published online: March 25, 2016.
First posted 2016-03-26 09:08:42
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