China turns up the heat in the battle against abuses of personal data

Despite the apparent sidelining of the draft Personal Data Protection Law, which has been circulating since 2006, but appears to have little prospect of becoming law in the foreseeable future, China has nonetheless been very busy stepping up the battle against the abuse of personal data from a legislative perspective in recent years.

As is well known, China does not have a single comprehensive data protection law and hence historically many actions that actually relate to personal data protection have been brought under different guises, such as actions for infringement of rights to reputation or rights to image under the General Principles of Civil Law first effective 1 January 1987. In fact, rights to privacy can be traced back to the People’s Republic of China Constitution (the PRC Constitution) which treats a citizen’s communications (e.g. telephone conversations, letters, emails) as private information.

Article 40 of the PRC constitution stipulates that neither any organisation nor individual is permitted to infringe upon, among other things, the confidentiality of a citizen’s communications for any reason, except in the case of national security, investigation of a criminal offence, or monitoring by the public security or prosecutorial authorities in accordance with legally prescribed procedures…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer


Atlantic House
Holborn Viaduct

Turnover (£m): 1,098.00
No. of lawyers: 2,313 (UK 200)
Jurisdiction: UK
No. of offices: 8
No. of qualified lawyers: 219 (International 50)
No. of partners: 56