Bahama Times

Thursday, Mar 28, 2024

China passes one of the world’s strictest data-privacy laws

China passes one of the world’s strictest data-privacy laws

China has approved a sweeping privacy law that will curb data collection by technology companies, but that policy analysts say is unlikely to limit the state’s widespread use of surveillance.

China’s top legislative body, the Standing Committee of the National People’s Congress, passed the Personal Information Protection Law at a meeting in Beijing on Friday, according to the state-run Xinhua News Agency.

The law will take effect Nov. 1, Xinhua said. The full text of the final version wasn’t released upon passage.

The national privacy law, China’s first, closely resembles the world’s most robust framework for online privacy protections, Europe’s General Data Protection Regulation, and contains provisions that require any organization or individual handling Chinese citizens’ personal data to minimize data collection and to obtain prior consent.

However, unlike in Europe, where governments face more public pressure over data collection, Beijing is expected to maintain broad access to data.

Though the new privacy rules could allow China’s central government to control how lower-level agencies use and share data, nothing suggests "anything resembling legal limits on government surveillance," said Karman Lucero, a fellow at the Yale Law School Paul Tsai China Center.

"Chinese civil society still has very limited means of ‘watching the watchmen,’ " he added.

China’s new privacy framework comes as frustration grows within the government and in Chinese society over online fraud, data theft and data collection by domestic technology giants. For years, loose rules on accessing data allowed domestic companies to quickly develop and adopt new products and technology, but also fueled a black market for consumer data.

The new privacy law is part of a tighter regulatory regime for Chinese tech companies. Over the past year, Beijing has clamped down on the tech sector on matters including data security and anticompetitive practices, for example imposing a multibillion-dollar fine on Alibaba Group Holding Ltd. for forcing vendors to sell exclusively on its e-commerce platform—a practice that used to be par for the course in China’s winner-takes-all market.

After several years in which tech companies largely had free rein to access consumer data, the new privacy law is a "sign of the market maturing," said Neil Liang, co-founder of The CareVoice, a Shanghai-based tech startup, who has been following changes in the regulatory landscape for tech companies’ user data policies.

Costs will likely increase, as tech companies must dedicate more resources to compliance, similar to what his firm had to do to adapt to Europe’s GDPR framework a few years ago, said Mr. Liang.

Chinese President Xi Jinping in a March 2020 file photo. China’s new privacy law, which unifies previously piecemeal legislation on personal information protection, also tackles a number of concerns that have come to light in recent years, such as th


But the new rules could also provide new opportunities for third parties who help companies with data management, he added.

China’s new privacy law, which unifies previously piecemeal legislation on personal information protection, also tackles a number of concerns that have come to light in recent years, such as the proliferation of facial recognition.

In urban residential compounds around China, where cameras equipped with facial-recognition technology are used to verify residents and visitors, complaints from tenants have spurred local governments to take action, such as banning the collection of biometric data without consent. Last month, China’s highest court instructed building managers to offer alternatives for residents who don’t want to submit to facial recognition.

According to the latest draft of China’s privacy law, facial recognition cameras installed in public places must be marked with prominent alerts and only be used to maintain public security.

The new law will also seek to address the issue of algorithmic discrimination, which has drawn increasing public concern, especially in cases where online platforms offer different prices to different users based on their online behavior.

The latest draft, which requires automated decision-making to be transparent and fair, also instructs companies to give individuals the option to opt-out of personalized marketing.

Violating the new privacy law could come at a high cost for companies. Illegal activities that are considered serious could result in a fine of up to $7.7 million, or up to 5% of the preceding year’s business income, according to the law’s latest draft.

If companies are compliant with Europe’s GDPR, "they are going to be fine complying with the Chinese privacy law," said Alexa Lee, senior manager of policy at the Information Technology Industry Council, a Washington-based trade association of high-tech companies.

But national security-related provisions in the law, such as one enabling the blacklisting of overseas data handlers who endanger China’s national security or public interest, could be driven by considerations unrelated to privacy, such as U.S.-China relations, she said. "That is an area companies can’t predict and they cannot control."

Separately, Chinese regulators on Friday also published new rules requiring companies that process auto data to enhance data security and protect personal information collected from vehicles. The rules require important data, including sensitive military and government locations, to be stored in China, and also set principles for reducing unnecessary collection and sharing of data.

The new rules on auto data, published by five Chinese ministries led by China’s cyberspace authority, will take effect on Oct. 1.

Newsletter

Related Articles

Bahama Times
0:00
0:00
Close
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Israel: Unprecedented Civil Disobedience Looms as IDF Reservists Protest Judiciary Reform
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
Europe is boiling: Extreme Weather Conditions Prevail Across the Continent
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Italian Court's Controversial Ruling on Sexual Harassment Ignites Uproar
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
BBC Personalities Rebuke Accusations Amidst Scandal Involving Teen Exploitation
A Swift Disappointment: Why Is Taylor Swift Bypassing Canada on Her Global Tour?
Historic Moment: Edgars Rinkevics, EU's First Openly Gay Head of State, Takes Office as Latvia's President
Bye bye democracy, human rights, freedom: French Cops Can Now Secretly Activate Phone Cameras, Microphones And GPS To Spy On Citizens
The Poor Man With Money, Mark Zuckerberg, Unveils Twitter Replica with Heavy-Handed Censorship: A New Low in Innovation?
Unilever Plummets in a $2.5 Billion Free Fall, to begin with: A Reckoning for Misuse of Corporate Power Against National Interest
Beyond the Blame Game: The Need for Nuanced Perspectives on America's Complex Reality
Twitter Targets Meta: A Tangle of Trade Secrets and Copycat Culture
The Double-Edged Sword of AI: AI is linked to layoffs in industry that created it
US Sanctions on China's Chip Industry Backfire, Prompting Self-Inflicted Blowback
Meta Copy Twitter with New App, Threads
The New French Revolution
BlackRock Bitcoin ETF Application Refiled, Naming Coinbase as ‘Surveillance-Sharing’ Partner
×