Can Chinese Legislation on Informational Privacy Benefit from European Experience? (dotLegal publishing Dissertation Series) (Volume 1)

The era of Big Data challenges privacy. Globally, we see the subject of informational privacy rise to a level that grabs the attention of both legislators and the public. China currently witnesses a lack of data protection law. It wants to upgrade its legal arrangements on the subject. Accordingly, Chinese legislators and legal scholars consider cloning and importing European data protection law. The plan raises a number of questions: • Can European data protection law improve the quality of data protection in China from a positivist perspective? • If so, how do the historic and cultural contexts matter for data-protection laws unfolding in Europe and in China? Chinese policy makers assume that European data protection law is complete, but it is not. How do European policy makers attempt to compensate for the perils of incompleteness? Is this approach a viable part of the transplantation plan? So the question remains: How should China process the EU experiences to achieve a positive impact for how personal data are deployed and protected in the commercial world? In this book, the above questions are examined. The book synthesises dogmatic and empirical discussions and submits that the subject matter of data protection law exhibits the characteristics of a complex adaptive system. It argues that both complexity- and legal theories can add to a toolbox for improving the exploration of data protection law, its functions and its dynamics. This book ventures to open doors to help legal scholarship face problems now, that otherwise threaten to disturb our personal data providing and processing communities for decades to come.