Law and Practice of Personal Data Protection in the Digital World: A Comparison between China, the EU and the US

Wang, Charles Chao

Abstract

This article makes an in-depth comparative and empirical study on China’s personal data protection legal system and its public enforcement at the state and local levels. The 2016 Cybersecurity Law and the 2021 PIPL regulate important personal data protection issues such as public interests protection and VLOP’s gatekeeper mechanism. China’s regulatory focus has shifted from network infrastructure construction to cybersecurity and personal data protection. Unlike the US and the EU, China has delegated law enforcement to the CAC and the MIIT under a unique twin peaks model at the state level. The CAC and local agencies focus on regulating data processors based on catch-all provisions, while the MIIT focuses on regulating App developers’ activities such as collection and use of personal data. At the local level, China decentralized regulatory powers to local governmental agencies. In the public enforcement of data protection laws, the EU, the US and China have divergent institutional structures and administrative penalties. These divergences are caused by China’s political and economic context, especially the national strategy to facilitate the development of VLOPs for global competition. China’s public interests are embodied in the ideological censorship and national security review of users’ information by data processors. It is concerning that the Chinese government might enlarge their control over the dissemination of information. China should learn from the EU experience in tackling specific problems of automated decision-making. To supervise the gatekeepers, Chinese law needs to strike a balance between encouraging the development of VLOPs and protecting personal data.

Citation

Wang, C. C. (in press). Law and Practice of Personal Data Protection in the Digital World: A Comparison between China, the EU and the US. Tulane journal of international and comparative law,

• Journal Article Type: Article
• Acceptance Date: Dec 31, 2024
• Deposit Date: Apr 11, 2025
• Journal: Tulane journal of international and comparative law
• Print ISSN: 1069-4455
• Electronic ISSN: 2169-4516
• Publisher: Tulane University School of Law
• Peer Reviewed: Peer Reviewed
• Public URL: https://durham-repository.worktribe.com/output/3786370
• Publisher URL: https://journals.tulane.edu/jicl/index