Abstract: During the COVID-19 pandemic period, China used a data-based approach to protect public health. Although this approach has supported the containment of the COVID-19 virus, it risks infringing the right to privacy. This article considers how this data-based approach, including data collection, sharing, storage and disclosure could affect the right to privacy and shows that the data collection process in China may involve the collection of irrelevant personal data from too many broad categories and sometimes without consent of the data subject. The results show that the main challenges to the right to privacy are (1) a lack of effective information control and storage safeguards, (2) the improper use and disposal of information and (3) the disclosure of non-desensitised information. This article examines PRC’s newly passed legislation, including the Cybersecurity Law, Data Security Law and the Personal Information Protection Law, which constitute China’s first systematic and comprehensive regulatory framework to protect personal information. This regulatory framework requires that any restrictions on the right to protect personal information and privacy rights must be in the public interest such as public health and security. This article examines whether and to what extent this regulatory framework is capable of addressing challenges of big data applications to individual rights to privacy and proposes some further improvements.
Keywords: Big data technology; China; data privacy; pandemic prevention and control; personal data; right to privacy
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.email@example.com.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.