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8 Penn St. J.L. & Int'l Aff. 49 (2020)
China's Approach on Data Privacy Law: A Third Way between the U.S. and the EU?

handle is hein.journals/pensalfaw8 and id is 53 raw text is: Penn State Journal of Law & International Affairs 2020 VOLUME 8 No. 1 CHINA'S APPROACH ON DATA PRIVACY LAW: A THIRD WAY BETWEEN THE U.S. AND THE EU? Emmanuel Pernot-Leplay* ABSTRACT Beca,se of state surveillance, data privacy in China is often assumed to be inexistent. Yet, the conty regulates d&fferentyprivacyfrom the state andprivag fromprivate actors. Consumer data pra in China is at the forefront of new regulations issued during the lastyears to create a legal framework on data protecoon, up to the Cybersecuriy Law. Despite the tremendous increase of data transfersfrom the West to Chin a, there is a scarciy in the legal research about Chinese data protection rules, the building of China's approach on this domain and its consequences. This Article compares China's data privacy laws (most notably the Cybersecuriy Law and its guidelines) to the dominant app roaches comingfrom the EU and the U.S. The goal is to identiy China's direcaion, whether it transplazts their rules, and the spe ities that make China's approach differentfrom Western models. The results of this comparave std y show that China inianly followed a path resemblig the U.S. approach, before recent/y changing direcion and converge with the more stringent EU rules on several legal elements, especaly thr gh the Cybersecuriy Law and the Personal Information Security Speficatzon. Up to the point that China now has a comprehensive data protection law on its legislatve agenda and encourages privac protecionfor consumers that sometimes surpasses U.S. rules. This research idenztfies and decspts specficities of data protection in China that make China's voce special with the potential to gain inflence in this field whereas Western rdes are the only bearing regatory cloutsofar. These Chizese characteristcs, such as the p aradoxical -yetparallel - 2crease of both state surveillance ad conszmer priay and the yber-soveregny principle impactig personal data protection, now compose China's approach. This data privacy with Chinzese characteristics will bear consequeces on the county's forthcoming regulations on arficial intellgence andforfuturepoli de-9elopmets in the EU and the U.S.

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