Social credit mechanisms and modern standards of legal protection of personal data: correspondence problems

Abstract

The subject of this article is the problem of correspondence of the practices of digital profiling and social score, which imply collection and analysis of biographical (reputational) information, to the worldwide-accepted standards of protection of personal data and privacy. Analysis is conducted on the legislation of the People's Republic of China – the country that in recent years has implemented the “Social Credit System” in the sphere of public administration. This project consists of management practices, which are viewed through the prism of the legal model of personal data protection formed by the Law in Protection of Personal Information adopted in 2021. The peculiarity of this research is its comparative legal nature: the provisions of China’s legislation are juxtaposed to the provisions of the General Data Protection Regulation adopted in the European Union and Russia’s Federal Law “On Personal Data”. Assessment is given to the European and Russian models of regulation of operations with personal data in the context of possible implementation of digital profiling practices, social score (ranking, grading), and automated law enforcement decision-making. Having determined the gaps in the current Russian and EU legislation on personal data, and indicating the risk caused by the presence of blanket rules, the conclusion is made according to which the modern legislation on personal data can be an obstacle for arbitrary use of such data; however, it cannot stop the implementation of innovative technologies, mechanisms and practices that suggest using registry and biographical information of individuals for the purpose of social control into the public administration.