China's Evolving Data Protection Law and the Financial Credit Information System: Court Practice and Suggestions for Legislative Reform

Hong Kong Law Journal (forthcoming 2021)

21 Pages Posted: 18 Feb 2021

See all articles by Lu Yu

Lu Yu

University of Cologne

Björn Ahl

Institute of East Asian Studies, University of Cologne

Date Written: February 9, 2021

Abstract

This study investigates the limits that Chinese data protection law imposes on the financial credit information system (FCIS). The FCIS is the most mature part of China’s social credit system. Chinese data protection law establishes a high level of protection, as it bases the transfer of data to the FCIS on the consent of data subjects. However, we argue that the consent requirement is not practical, as it conflicts with the functions and legal aims of the FCIS. Although the Chinese courts have adopted differing approaches in interpreting data protection law, we find that they have established consistent practice in protecting data subjects against the transfer of incorrect negative data. Based on our findings, we make suggestions for further legislative reform of China’s evolving data protection law.

Keywords: Chinese data protection law, financial credit information system, Chinese social credit system

Suggested Citation

Yu, Lu and Ahl, Björn, China's Evolving Data Protection Law and the Financial Credit Information System: Court Practice and Suggestions for Legislative Reform (February 9, 2021). Hong Kong Law Journal (forthcoming 2021), Available at SSRN: https://ssrn.com/abstract=3782392

Lu Yu

University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany

Björn Ahl (Contact Author)

Institute of East Asian Studies, University of Cologne ( email )

Albertus-Magnus-Platz
Cologne, 50923
Germany
+492214705421 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
189
Abstract Views
106
rank
189,506
PlumX Metrics