Abstract

China plays an increasingly important role in shaping the global legal landscape on privacy and data protection issues. This article discusses China’s emerging legal regime for the protection of privacy and personal information. The article identifies three pillars of this legal regime: China’s Constitution, which lays the foundation for protecting privacy and personal information, and the Civil Code and the Personal Information Protection Law, two recent laws that implement the Constitution’s requirements. The article explores the intricacies of the three pillars in light of recent case law developments while referencing the legal standards in other jurisdictions such as the European Union’s General Data Protection Regulation. Finally, the article discusses the remaining issues in China’s legal regime that need to be further clarified or resolved.