China - Data Privacy, Data Protection & Human Rights Report, 2018

China - Data Privacy, Data Protection & Human Rights Report, 2018

Report Description

China is one of those country that has came across many data breaches in recent years, but they also have many hackers who are responsible for other data breaches. This is probably because China till date has no specific law that covers data protection and privacy. China- Data Privacy, Data Protection & Human Rights Report, 2018 includes in-depth analysis of the existing legal frameworks that deals with the internet security, data privacy and protection.

With the change is the technologies, many businesses are facing various risks and challenges. The amount of data and information extracted by companies and government needs to be protected without breaching any rights of the citizens of China.

The report has elucidated the importance of protection of data and information. It specifies various aspects of collection of data, publishing internal business rules with respect to the collection and usage of the consumer’s personal data and also how to take precautions to protect the information by not disclosing them or providing that information to the third parties.

The report has provided case study and case law so to have a clear distinction as to how a single technology can be beneficial and lethal at the same time. The technological advancements are often not regulated by the legal frameworks and hence illegal activities increase.

The report establishes that Chinese legislations have tried to protect online information security, safeguard the lawful rights and interests of citizens, legal entities or other organizations, and ensure national security and public interests. But still they lack in providing proper protection.

The technology and its impact on citizens across the globe are creating many issues in countries like China with such high population. All the major stake holders of the digital economy are facing many risks because of lack of regulation. The constant need for changes in the policy frameworks is necessary and that is only possible when there is cross industry collaboration.

The report has explained various provisions of the law that can be of use until there is a consolidated framework for protection of personal data and privacy. China’s privacy law landscape is developing but still it is hard to establish what type of information are improperly obtained. That is why it is now necessary for the companies to be extra cautious when they handle the personal information. Companies should also ensure that information that is obtained is from public sources and it is collected by data subject’s consent.

The report has dealt with all the major issues related to data privacy, data usage, data protection and the related aspects which gives a clear view and the current state of Privacy in China.

Direct and Indirect losses reach up to 1.6 trillion USD due to data breach in 2017

Table of

Contents

Table of Contents

  1. China Privacy Perception Index
  2. China Technology Landscape
  3. Transformation – The m-commerce Revolution
  4. Tipping Point – Breach of online behaviour, activity & private data
  5.  International laws on Data Privacy applicable to China
    1. Universal Declaration of Human Rights,1948
    2. UN guidelines for the regulation of Computerized Personal data files (1990)
    3. International Covenant on Civil and Political Rights, 1966 (ICCPR)
  6. Multinational Agreements and Framework
    1. APEC Privacy Framework
  7. China Legal & Regulatory Framework
    1. PRC Tort Law, 2009 enforced 2010
    2. PRC Criminal Law, 1997
    3. Network Security Law (NSL), 2015
  8. Issues Analysed
    1. Data Privacy
    2. Data Protection
    3. Data Transfer
    4. Disclosure of Information
    5. Surveillance
    6. Liabilities
      1. Primary Liability
        1. Data Controller
        2. Data Processing
        3. Data Storage
        4. Data Transfer
        5. Consent & Notification
      2. Secondary liability
        1. ISP liability
        2. Third Party Liability
  9. Compliances & Agreements

List of

Graphs

List of Graphs

  1. Average Distribution of Cyber Attacks by Type of Industry (Percentage), 2005-2017
  2. Number of Data Records lost by Tech Giants (Million), Up to 2017
  3. Number of compromised data records in selected data breaches (Million), up to 2017
  4. Top 10 Countries with Highest Privacy Score, 2017
  5. Number of Internet Users in Developed and Developing nations (Billion), 2007-2017
  6. Volume of Data Produced Every Day (Million GB), 1992-2017
  7. Number of Data Records lost in Web Based Industry (Million), 2004-2017
  8. Type of Secondary information Fetch by Apps to Track Behaviour (Percentage), 2017
  9. Type of Primary Information Fetch by Apps to Track Behaviour (Percentage), 2017
  10. Type of App Permissions that can access the User Information(Percentage), 2017
  11. Number of Data Records Stolen by Apps (Million), 2017
  12. Top 15 Vulnerable Apps by Number of Permissions required, 2017
  13. Share of businesses having deployed or deploying an enterprise-wide encryption strategy(Percentage), 2005-2015
  14. Share of Consumer Data Traffic per Month (GB Million), 2017
  15. Number Data Breach and Number of Data Record Stolen(Billion), 2012-2017
  16. Total Data Record Stolen from Government Organizations (Million), 2006-2016
  17. Government Data Breaches where more than 1 Million data records have stolen (Million), 2006-2017
  18. List of Companies which has lost more than 100 Million data records in Breaches(Million), 2017
  19. List of Telecom Companies that has lost more than 1 Million data records Globally(Million), 2017
  20. Number of Data Record Lost by Year in Telecom Sector (Million), 2006-2017
  21. Number of Connected Devices Globally (Billion), 2012-2020

Country Analysed

China

A Complete Analysis of Chinese Booming Economy

Laws

Analysed

International, National and Regional Laws

International Laws

  1. Universal Declaration of Human Rights,1948
  2. UN guidelines for the regulation of Computerized Personal data files (1990)
  3. international Covenant on Civil and Political Rights, 1966 (ICCPR)

China   

  1. PRC Tort Law, 2009 enforced 2010
  2. PRC Criminal Law, 1997
  3. Ministry of Industry and Information Technology (MIIT) circulated resolutions on Standardizing Market Order for internet information services, The draft Network Security Law(NSL), 2015
International, National and Regional Laws

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