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

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