Personal Information Protection Law Research Articles

Analysis of the Criminalization of the Production and Sale of Online Game Plug-ins and the Regulation of Users

With the advent of the Internet information age, the game industry is booming, and online game plug-ins have come into being as cheats. From the definition and classification of online game cheats, it is found that the crimes involved mainly include the crimes of destroying computer information systems, copyright infringement, illegal business operations, and illegal computer intrusion under the Criminal Code of China, as well as the Personal Information Protection Law and the Unfair Prevention Law touched by the Japanese Criminal Law. This paper analyzes the possibility of criminalization and punishment of online game plug-in producers and sellers from three aspects: the main body of the online game market, policy orientation, and legal improvement. Comparing the criminalization and punishment of Chinese and Korean network plug-in users, it is possible to refer to the legal measures in South Korea.

In the name of protection—A critical analysis of China's legal framework of children's personal information protection in the digital era

This article provides a critical analysis of the China's legal framework of children's personal information protection in the digital era. It demonstrates that Chinese lawmakers adopt a dual-protection paradigm consisting of data privacy law and family law to protect children's personal information. In the field of data privacy law, China's Personal Information Protection Law regards children's personal information as sensitive information, and provides all contexts-based protection through the parental consent system, resulting in severe restrictions on children's freedom of access to information and their evolving capacities. In the field of family law, the Minors Protection Law fragments the right to informational self-determination of children while applying hard legal paternalism with respect to the online live-broadcast for children, limiting children's fundamental right to freedom of expression and depriving parents of the right to the custody of their children. Based on research in developmental psychology, this article argues that different legal frameworks should be adopted according to different age groups of children to protect the best interest of the child. In this way, the balance between the protection and informational self-determination of children in the digital era can be achieved.

Understanding Chinese Internet Users' Perceptions of, and Online Platforms' Compliance with, the Personal Information Protection Law (PIPL)

The Personal Information Protection Law (PIPL) was implemented in November 2021 to safeguard the personal information rights and interests of Internet users in China. However, the impact and existing shortcomings of the PIPL remain unclear, carrying significant implications for policymakers. This study examined privacy policies on 13 online platforms before and after the PIPL. Concurrently, it conducted semi-structured interviews with 30 Chinese Internet users to assess their perceptions of the PIPL. Users were also given tasks to identify non-compliance within the platforms, assessing their ability to address related privacy concerns effectively. The research revealed various instances of non-compliance in post-PIPL privacy policies, especially concerning inadequate risk assessments for sensitive data. Although users identified some non-compliant activities like app eavesdropping, issues related to individual consent proved challenging. Surprisingly, over half of the interviewees believed that the government could access their personal data without explicit consent. Our findings and implications can be valuable for lawmakers, online platforms, users, and future researchers seeking to enhance personal privacy practices both in China and globally.

Dilemma and Solution: On the Prosecution Subject of Civil Public Interest Litigation for Personal Information Protection

Combined with the judicial practice of personal information protection civil public interest litigation and the provisions of Article 70 of the Personal Information Protection Law, there is a great controversy between the theoretical and practical circles on the subject of such litigation. Although the existing provisions define the subject of prosecution as three categories: the people’s procuratorate, the consumer organization stipulated by law and the organization determined by the national network and information department, the problems of unclear scope of the subject, unclear scope of functions and unclear order of prosecution have not been solved. In order to improve the effectiveness of the protection of personal information rights and interests, we should clarify the scope of the functions of each prosecution subject, straighten out the order of prosecution, confirm the status of the procuratorial organ as a supplementary prosecution subject, expand the scope of “consumer organizations stipulated by law,” and clarify the conditions of “organizations determined by the national network information department.”

DATA BREACHES EXIT STRATEGY: A COMPARATIVE ANALYSIS OF DATA PRIVACY LAWS

Data has become highly valuable in the era of digitalisation and is the main target of cybercriminals. Cybercriminals steal data by exploiting system vulnerabilities. The rise of catastrophic data breach incidents affects business operations, reputation and legal standing, leading to business disruptions, financial loss and reputation damage. These incidents have raised data security concerns. The frequent incident is partly due to insufficient security measures in place. This article employs doctrinal research focusing on legal principles based on legislation to analyse Malaysia’s legal framework for protecting personal data in Malaysia and a comparison with other jurisdictions, i.e. the European Union General Data Protection Regulation (GDPR), the Singapore Personal Data Protection Act 2012 and the China Personal Information Protection Law (PIPL). The findings show that Malaysia’s data protection laws fall short of the international norm in some areas. This article suggests that Malaysian policymakers may amend the Personal Data Protection Act 2010 to align with international data protection standards to strengthen data security measures in preventive, detective and responsive data breaches. Consequently, this article provides an analysis of data protection laws in Malaysia and compares them with other advanced jurisdictions. It offers valuable insights into the challenges and opportunities involved in safeguarding personal data, the legal framework, and organisational strategies related to data privacy and security.

Research on the Status Quo and Dilemma of Minors' Personal Information Protection

With the rapid development of mobile Internet, minors' personal information is inevitably collected and processed by various information processors. Due to the characteristics of immature mental development and weak risk prediction ability of minors, it is difficult to effectively protect their personal information security. Although China's "Personal Information Protection Law" makes provisions on the protection of minors' personal information, there are still some problems such as "one-size-fits-all" age limit and imperfect guardian consent system. This paper will test the current hundreds of various types of apps, conduct a questionnaire survey on the protection of personal information of minors and their guardians, analyze the current dilemma of the protection of personal information of minors at the social level, propose countermeasures according to the symptoms, and explore more targeted ways to protect the rights and interests of minors' personal information. Escort the physical and mental healthy development of minors under the background of the information age.

Factors influencing interprofessional collaboration in long-term care from a multidisciplinary perspective: a case study approach

ABSTRACT Systematic assessments of interprofessional collaboration barriers and enablers in long-term care settings are critical for delivering person-centered healthcare. However, research on factors influencing interprofessional collaboration in long-term care settings is limited. For this study, 65 healthcare professionals across multiple facilities experienced in long-term care in Japan participated in online focus group discussions and individual interviews to discuss cases. The qualitative data were analyzed using qualitative content analysis. Seven themes emerged: coordination, the need for care manager training, hierarchy among healthcare professionals, specialization but not the mind-set of overspecialization, casual conversations, electronic group communication tools, and excessive fear of personal information protection. These findings highlight the need to develop coordinator roles and for interprofessional education on the proper approach to personal information protection laws. Furthermore, daily casual conversations, the use of online platforms, and the prevention of patients being left behind due to overspecialization are required.

Realistic Dilemma and Path Optimization of Online Personal Information Protection

A virtual area made by computers is called cyberspace. People there lead non-traditional lifestyles. It has evolved into a different manner of living from the physical realms of land, sea, air, and space. Lifestyle changes have also led to the emergence of some network security problems, including invasion of privacy, identity theft, financial fraud, and more. In today's world, cybersecurity is not only a trendy topic but also a crucial issue to protect the interests of cyberspace's development, security, and sovereignty. The "Personal Information Protection Law of the People's Republic of China" offers numerous highlights in terms of fundamental principles, scope of adjustment, and protection models, and offers an institutional response to the main challenges faced by personal information protection in the big data era. To strike a balance between information protection and information freedom, the Internet industry must continue to bolster industry self-discipline, raise public awareness of the right to protect personal privacy information and enhance public understanding of the legal protection of personal privacy information rights.

法學專家、蘇州商人團體與清代中國的「習慣法」問題

Scholars have debated whether “customary law” existed in Qing Dynasty China, leading to different stands and arguments between “societal-centric” and “legal-centric” views. This issue involves disputes in the definition of terms and the recognition of historical facts by researchers. This paper primarily focuses on some commercial litigation cases in the Jiangnan region (the Lower Yangzi Delta) of the Qing Dynasty, narrowing the issue of “customary law” to the evolution of the interaction between Qing Dynasty commercial customs and national law. The paper argues that while we may not need to describe this evolution in terms of “customary law” as understood in European legal scholarship, we should not overlook the specific processes in various industrial and commercial towns of the time, where “customary practices” transformed into “customary rules”. Keywords: Merchant Groups, Legal Experts, Customary Rules, Customary Law

The Establishment Basis and Construction Path of the Right of Personal Information to Be Forgotten—Based on Article 47 of the <i>Personal Information Protection Law</i>

The Establishment Basis and Construction Path of the Right of Personal Information to Be Forgotten—Based on Article 47 of the <i>Personal Information Protection Law</i>

Research on the Special Protection Mechanism of Biometric Information in the Implementation of the Personal Information Protection Law

Research on the Special Protection Mechanism of Biometric Information in the Implementation of the Personal Information Protection Law

Introduction to the Symposium: China and the Campus

The US-China relationship has worsened dramatically in recent years. After decades of pro-engagement policies toward China, a bipartisan consensus began to emerge around 2016 that engagement had neither accomplished US policy goals (such as encouraging China to liberalize politically) nor served US citizens well.1 At the same time, political changes within China have pointed to a declining appetite for engagement with the United States and sidelined the domestic constituencies who remained interested in cooperation and exchange. Further restrictions have shrunk the already limited space for media, civil society groups, and academic exchange in China. Pandemic-related border closures eliminated in-person exchanges almost completely for nearly three years. And some are concerned that China’s 2021 Personal Information Protection Law could be used to prosecute foreign researchers who conduct research in China (Lewis 2023).

Teaching Chinese Politics in the “New Cold War”: A Survey of Faculty

The past decade has been a difficult time to be a scholar of Chinese politics. After Xi Jinping came to power in 2012, opportunities for international collaboration began disappearing, and local interlocutors became increasingly nervous about speaking with foreign researchers. Since 2016, these problems have been compounded by the increasingly tense US–China relationship. Changing attitudes and policies in both countries have hindered those who conduct research on China, work with Chinese collaborators, and recruit Chinese students. The Fulbright Program in China and Hong Kong was closed; National Institutes of Health investigations into foreign influence in US science have caused US-based scientists’ research productivity to decline; and visa restrictions have hindered efforts to recruit Chinese graduate students (Jia et al. 2023). Legal changes in China, including the 2021 Personal Information Protection Law and the 2023 revised Counter-Espionage Law, could be used to target foreign scholars who conduct research in China (Lewis 2023; McCarthy and Gan 2023). The COVID-19 pandemic compounded these challenges in several ways: it caused a rise in anti-Chinese sentiment in the United States and created severe pedagogical challenges for those teaching Chinese politics and other courses containing “sensitive” material that could put students—some now physically located in China—at risk (Gueorguiev et al. 2020).

Registry study of immune-related adverse events using electronic patient-reported outcome in patients with cancer receiving immune checkpoint inhibitors: protocol for a multicentre cohort study

IntroductionThe use of immune checkpoint inhibitors (ICIs) is rapidly expanding in cancer treatment. ICIs have a unique safety profile, characterised by immune-related adverse events (irAEs). The safety profile of ICIs...

중국 개인정보보호법에서의 기업책임에 관한 검토

중국 개인정보보호법에서의 기업책임에 관한 검토

Personal Information Protection in Government Data Openness Using Decision Tree Model

To address the issues of personal privacy and information security in the current digital age, this study first collects and analyzes relevant government data openness policies and personal information protection laws and regulations to understand the current policy and legal environment. Secondly, a complexity pruning decision tree model is constructed, which can identify and evaluate potential personal information protection risks in government data openness. Using the Singapore government open dataset, this decision tree model is applied for empirical analysis, and its accuracy and effectiveness are evaluated. The research results demonstrate that the complexity pruning decision tree model performs well in terms of accuracy, recall rate, F1 score, and the area under the ROC Curve (AUC). The model achieves an accuracy of 0.85 on the training and 0.8 on the test sets, indicating its high performance in personal information protection in government data openness.

Chinese Procuratorial Public Interest Litigation on Personal Information Protection (Part 1)

The Personal Information Protection Law of the People’s Republic of China (hereinafter referred to as Personal Information Law) has been officially implemented on November 1, 2021. The birth of this law embodies the idea of people-centered development and provides Chinese experience and solutions for the personal information protection problems faced by international society. This article focuses on the development of Chinese personal information law and explains the legislative purpose of Personal Information Law to further show seven highlights and two characteristics of it. Also, it puts emphasis on introducing Chinese procuratorial public interest litigation on personal information protection and points out the shortcomings of this existing system with a view to perfecting and developing the system value maximally.

Quantitative Evaluation of Android Application Privacy Security Based on Privacy Policy and Behaviour

The emerging landscape of Android applications in mobile phones encompasses industries involving millions and billions of app developers to improve usability and comfort for smartphone users. Popular apps are categorized into social media, entertainment, games, news, lifestyle, health and fitness. In this vein, privacy security is categorized into two major sections: distribution and development of particularities and running software on the user's mobile. According to European Union, the major issues of legal and regulations arising from the requirement from the GDPR, the Personal information protection law of China and other related regulations combined with the behaviour and privacy policy of application. In this article, Privacy security was quantitatively analyzed through data collection and analysis of scores by comparing the comprehensive use of ML, NLP and other technologies. E-privacy was regulated in the environment of mobile applications. The features were analyzed in privacy and data protection. The scope of this study is to evaluate the privacy security of the application in Android devices based on the privacy policy and behaviour.

Overcoming personal information protection challenges involving real-world data to support public health efforts in China.

In the information age, real-world data-based evidence can help extrapolate and supplement data from randomized controlled trials, which can benefit clinical trials and drug development and improve public health decision-making. However, the legitimate use of real-world data in China is limited due to concerns over patient confidentiality. The use of personal information is a core element of data governance in public health. In China's public health data governance, practical problems exist, such as balancing personal information protection and public value conflict. In 2021, China adopted the Personal Information Protection Law (PIPL) to provide a consistent legal framework for protecting personal information, including sensitive medical health data. Despite the PIPL offering critical legal safeguards for processing health data, further clarification is needed regarding specific issues, including the meaning of "separate consent," cross-border data transfer requirements, and exceptions for scientific research. A shift in the law and regulatory framework is necessary to advance public health research further and realize the potential benefits of combining real-world evidence and digital health while respecting privacy in the technological and demographic change era.

Legislative Conception for the Special Protection of Biometric Information: A Study Based on Extraterritorial Experience

In present society, where digital technology is widely used, biometric information is extensively applied to public security, social governance, finance and etc. Considering that biometric information, one of the most identifiable identifiers, has the characteristics of irreplaceability, immutability, and uniqueness, special legislative protection of biometric information is required. This paper uses case study, comparative research and regulatory research methods. It selects the definition, collection rules and processing rules of biometric information, which are mainly analysed in the United States, as studying points. Compared with Illinois Biometric Information Privacy Act, provisions of China Personal Information Protection Law on the processing rules of biometric information are more detailed and specific, but lack of a clear definition of biometric information and a clear exposition for informed consent, partial exemptions, and the principles of legality, legitimacy and necessity. There is still room for improvement in the refinement of the system and the practical implementation.