China’s data privacy law is finally here, but enforcement remains a hurdle

China is drafting a new law to protect data privacy in order to keep up with the rapid development of technology and meet the huge needs of society, but the problem is that enforcement remains a challenge, according to the South China Morning Post.

Earlier during the "Two Sessions", National People's Congress spokesman Zhang Yesui said that relevant departments have accelerated the drafting of laws to protect personal data, but did not specify when the law would be promulgated.            

Liu Deliang, a law professor at Beijing Normal University, said, “In any proposed law, the misuse of data should be clearly defined, and even the government should be held legally responsible for its misuse.” 

Data leakage or excessive collection is reportedly common in China. A survey released by the China Consumers Association showed that more than 85% of respondents had experienced data leakage such as theft of mobile phone numbers and personal bank accounts.

Another report released by the association found that 91 of the 100 apps surveyed excessively collected private data.

Zeng Liaoyuan, an associate professor at the University of Electronic Science and Technology of China, said in an interview: "Technology is rapidly changing the lives of Chinese people, but relevant regulations have not kept up. When a company inquires about users' private data, even if it is related to business competition, it is still unethical, but we have no relevant laws to restrict such behavior."

More importantly, biometric authentication technology is being used on a large scale in the field of artificial intelligence. Artificial intelligence and its many applications are an important part of China's national plan, and China is striving to become a world leader in artificial intelligence innovation.             

Biometric authentication includes fingerprint recognition, face recognition, DNA, iris recognition, palm print and other methods. However, the lack of a comprehensive law has led to many companies being able to obtain a large amount of personal privacy data without authorization.

Lawmakers also proposed biometrics legislation last month. Wu Shenguo, associate professor of law at Beijing Normal University, said: "Compared with other private data, biometrics has its uniqueness. It may bring long-term risks and serious consequences."

He also said the law should make it clear that regulators can certify whether companies can collect private data.

In short, China has taken a brave step towards personal data protection. Although there may be many contradictions in the implementation of this law, it may set a precedent and promote international legislation in the next few years, prompting governments to further tighten personal data protection.