The Internet Legal Regime of China:
Limited Freedoms and the protection of personal privacy
By Christina Tao
It is well-known that the United States has been criticizing China on (arguably lack of) Internet freedom as the new issue of human right. In the Federal Government report (October 3, 2013), it was said that China led the way in expanding and adapting elaborate technological apparatus for systemic Internet censorship and has been particularly successful in harnessing the private sector to further its censorship goals by deleting millions of online comments each year. Referring to the Google dispute about its Chinese research engine, it implied that corporations which operate in China should abide by the local law. If you do not want to obey the laws of the countries, you may not end up doing business there.
As the Internet is subject to different kinds of censorship around the world. Therefore, this paper will not discuss the tension between Internet freedom and human right, but give a brief view of the legal structure of Internet access in China.
In 1994, Regulations for Safety Protection of Computer Information Systems was promulgated by the State Council. This is the first regulation protecting the safety of Internet. This regulation was replaced by the Decision of the State Council on Abolishing and Amending Some Administrative Regulations entering into force on January 2011. The Implementation Rules for Provisional Regulations of the Administration of International Networking of Computer Information in China entered into force on February 1996 and was revised on May 1997. In 2000, the Standing Committee of the National People’s Congress promulgated the Decision of the Standing Committee of the National People’s Congress on Preserving Computer Network Security for the purpose of ensuring the operational security of the Computer network, preserving the security of the State and maintaining social stability, maintaining order of the socialist market economy and ensuring the administration of public order.
Along with the development of technology, the users of Internet have been using new tools (VPN server) to access unprecedented amounts of information, and the China-based microblogging services (Weibo) have provided rich information and social spaces. Hence, while blocking and filtering, Chinese Government are increasingly looking at who is saying what online and finding ways to punish them. In recent years, PRC authorities also have attempted to bolster their ability to monitor Internet users. The central government and localities have attempted to require users to provide their real names or official identification numbers or photos when they apply for an Internet account, website, or blog; post online comments; or patronize Internet cafes or other public places. In 2012, new rules requiring users of social media platforms to register with their real names met with opposition from many Chinese Internet users and a low rate of compliance.
Along with the development of technology and Internet, it has been a worldwide trend to collect, process and use personal data for governmental administrations to plan and carry out public affairs and for private entities to target customers and manage business with them. However, problems also arise with it, and the protection of personal data has become a troublesome issue and turned to be a hot topic. On 15 March 2008, China’s Consumer Protection Day, China Central Television broadcasted a phenomenon of junk mobile message caused by the leak of personal data. Since then, more and more Chinese people have started to become aware of the importance of protecting their own privacy and personal information.
The private and social values of data protection make it within various areas of law, such as constitutional law, civil law, criminal law, administrative law and even commercial law. Article 40 of China’s Constitution states that no organisation or individual may, on any ground, infringe on citizens’ freedom of privacy of correspondence.
Net Freedom
Personal Privacy