Personal Data Protection in Contemporary China and the Impact of Covid-19

Abstract

The paper focuses on analyzing how the Covid-19 pandemics has impacted on the right to privacy and personal data protection in contemporary China. For this purpose, the first chapter delineates how the concept of privacy and personal data protection is perceived in chinese contemporary society, how social values, historical background and governmental institutions have influenced the definition and evolution of the idea of privacy in contemporary China, along with influence from the West. Furthermore, the same chapter provides a description of the Chinese legal framework for privacy protection, starting from its international obligations and Constitutional values, to the more detailed and sectorial data privacy laws that have been shaping the Chinese legal background on the matter. The second chapter focuses on how these many laws operate in the private sector, by highlighting the main privacy obligations informing the private sector, which are the most relevant users' privacy rights, and the interplay with the public sector, especially the extent to which the Chinese government has access to private-sector data. The final chapter analyzes the disclosure of personal data in the prevention and control of majour infectious diseases in the PRC, by first describing the regulatory aspects that come into play during major health emergency situations, and secondly by focusing on the Covid-19 case study. The novel coronavirus has accentuated the highlighted the pervasiveness of the government and the problems of protecting the personal data of Chinese citizens. In order to be able to implement restrictive and control measures aimed at fighting the virus, Chinese authorities have mainly relied on massive use of technological tools, especially Health Code Mobile Applications that have been implemented by private enterprises, such as Alipay Health Code and Wechat Health Code.