Lecture 8.2: Processing of Personal Data in China
From C. Qiao
Welcome to this course "Law, Governance and Human
Rights in Today’s China".
The course is taught by Dr. QIAO Cong-rui and Prof. Tom ZWART from the Cross Cultural Human Rights Centre at Vrije Universiteit Amsterdam, through the 2021 Honours Programme for VU, UvA and AUC students.
In Lecture 8, we start with the general context where digitalisation offers opportunities for State governance to be efficient and smart, and at the same time, poses challenges to the protection of personal privacy. The theme of protecting personal date in the context of smart governance is particularly topical in China during its implementation of the Social Credit System (hereafter, the “SCS”) in China. A variety of implementation measures have been high-profile in the news and academic debates.
In specific, we will first discuss “what is credit?” and “what is the SCS about?” We seek to make sense of the essence and scope of the recently promoted data-driven governance combined with a careful reading of the SCS Outline policy and its exemplary implementations.
Second, how did the deterrence and sanction mechanism of publicising personal data come to being? What are the common procedures for Chinese citizens to seek a remedy for the allegedly undue processing of their personal data?
Third, what could go wrong with the SCS and what kind of lessons can be learned from the regulatory regimes in Europe and beyond?