Privacy and Freedom of Information in China: Review Through the Lens of Government Accountability

EDPL - European Data Protection Law Review, 2015/4, pp. 265-276

21 Pages Posted: 15 Jul 2016

See all articles by Yongxi Chen

Yongxi Chen

The University of Hong Kong - Faculty of Law

Date Written: December 1, 2015

Abstract

This article critically reviews how the Chinese legislation and courts handle the conflict between the right to privacy and freedom of information. It summarises inadequacies in the protection of privacy provided under an uncoordinated body of legislation, and highlights the gaps concerning the privacy exemption to disclosure of government information left to be filled by the courts. By analysing a representative sample of cases, it evaluates the judicial approaches to balancing privacy and public interest in transparency on several subject matters. The article finds that the courts have recognised a wider scope of privacy in the FOI context than what is usually recognised under the civil law doctrine, and have often undervalued or neglected the public interest in promoting government accountability through transparency. It argues that these approaches risk condoning the misuse of privacy to cover maladministration, and can hardly redress the weak legislative protection of privacy from government intrusion in the non-FOI context.

Keywords: freedom of information, right to privacy, personal information, exemption, right to information, judicial review, public interest

JEL Classification: K19, K39

Suggested Citation

Chen, Yongxi, Privacy and Freedom of Information in China: Review Through the Lens of Government Accountability (December 1, 2015). EDPL - European Data Protection Law Review, 2015/4, pp. 265-276, Available at SSRN: https://ssrn.com/abstract=2809324

Yongxi Chen (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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