Mapping the development of China's data protection law: Major actors, core values, and shifting power relations

Abstract

This Article seeks to map the possible paths of the development of China's data protection law by examining the changing power relations among three major actors - the State, digital enterprises and the public in the context of China's booming data-driven economy. We argue that focusing on different core values, these three major actors are the key driving forces shaping China's data protection regime. Their dynamic and multidimensional power relations have been casting the development of China's data protection law with various uncertainties. When persuing different, yet not always conflicting values, these three major actors may both cooperate and compete with each other. Based on our careful analysis of the shifting power relations, we identify and assess three possible paths of the development of China's data protection law. We are much concerned that the proposed comprehensive data protection law might be a new attempt of the State to win legitimacy abroad, while actually trying to reinforce massive surveillance besides economic goals. We argue that a modest alternative may be that this law might show some genuine efforts for protecting data privacy, but still with poor enforcement. Last, we argue that the most desirable development would be that this law could provide basic but meaningful and effective protection for data privacy, and lay a good foundation for further development.