The Emergence of Tort Liability for Online Privacy Violations in China
The Emergence of Tort Liability for Online Privacy Violations in China

Author: Scott Livingston

Publisher:

Published: 2015

Total Pages: 6

ISBN-13:

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Between 2009 and 2014, China's legislative organs promulgated a series of fundamental data privacy laws and regulations. Amongst these developments is an increased attention to providing individuals a civil recourse (or tort action) in instances where their personal privacy has been violated by online activities. This first part of a two-part article focuses on such protections as existed via China's 1986 General Principles of the Civil Law (GPCL), and there subsequent codification in the 2009 Tort Liability Law (TLL). However, these developments have not, in themselves, led to a significant level of litigation, possibly due to uncertainly over how the TLL would function in this area. However some cases under the GPCL, notably the Wang Fei case, may have a continuing significance for the meaning of privacy under Chinese law, and on the role of intermediaries (IISPs). The second part of the article will focus on an attempt to clarify some of these uncertainties, China's Supreme People's Court passed a regulation in October 2014 entitled “The Supreme People's Court Regulations Concerning Some Questions of Applicable Law in Handling Civil Dispute Cases Involving the Use of Information Networks to Harm Personal Rights and Interests.” (SPC Regulation).

Protecting Privacy in China
Protecting Privacy in China

Author: Hao Wang

Publisher: Springer Science & Business Media

Published: 2011-08-14

Total Pages: 219

ISBN-13: 3642217508

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Today, privacy is one of the most hotly debated topics worldwide. The book aims to balance the development of personal rights in a country that has historically valued collective rights over those of the individual. The protection of privacy is not an issue that has been emphasised during the rapid development of economic laws in China. However, the accompanying development of greater government-based regulation of these laws’ implementation has led to greater invasions of personal privacy. This study attempts to provide a way forward for China to address the ever-increasing concerns about the protection of privacy and puts forward a legislative model for protection. This is achieved after a thorough analysis of the threats to privacy protection in China, a critical evaluation of the level of current privacy protection in China, and an analysis of the privacy laws in a series of developed nations based on common law and civil law.

Asian Data Privacy Laws
Asian Data Privacy Laws

Author: Graham Greenleaf

Publisher: OUP Oxford

Published: 2014-10-16

Total Pages: 622

ISBN-13: 0191669156

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The first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.

China and Europe on the New Silk Road
China and Europe on the New Silk Road

Author: Marijk van der Wende

Publisher: Oxford University Press

Published: 2020-10-08

Total Pages: 448

ISBN-13: 0192594494

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The global order, based on international governance and multilateral trade mechanisms in the aftermath of the Second World War, is changing rapidly and creating waves of uncertainty. This is especially true in higher education, a field increasingly built on international cooperation and the free movement of students, academics, knowledge, and ideas. Meanwhile, China has announced its plans for a "New Silk Road" (NSR) and is developing its higher education and research systems at speed. In this book an international and interdisciplinary group of scholars from Europe, China, the USA, Russia, and Australia investigate how academic mobility and cooperation is taking shape along the New Silk Road and what difference it will make, if any, in the global higher education landscape. Opening chapters present the global context for the NSR, the development of Chinese universities along international models, and the history and outcomes of EU-China cooperation. The flows and patterns in academic cooperation along the NSR as they shape and have been shaped by China's universities are then explored in more detail. The conditions for Sino-foreign cooperation are discussed next, with an analysis of regulatory frameworks for cooperation, recognition, data, and privacy. Comparative work follows on the cultural traditions and academic values, similarities, and differences between Sinic and Anglo-American political and educational cultures, and their implications for the governance and mission of higher education, the role of critical scholarship, and the state and standing of the humanities in China. The book concludes with a focus on the "Idea of a University"; the values underpinning its mission, shape, and purpose, reflecting on the implications of China's rapid higher education development for the geo-politics of higher education itself.

Chinese Environmental Law
Chinese Environmental Law

Author: Yuhong Zhao

Publisher: Cambridge University Press

Published: 2021-06-17

Total Pages: 519

ISBN-13: 1107039444

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Analysis of Chinese environmental law with a focus on the development in statutory regulation, institution building and judicial innovation.

The Right to Privacy
The Right to Privacy

Author: Samuel D. Brandeis, Louis D. Warren

Publisher: BoD – Books on Demand

Published: 2018-04-05

Total Pages: 42

ISBN-13: 3732645487

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Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Global Survey on Internet Privacy and Freedom of Expression
Global Survey on Internet Privacy and Freedom of Expression

Author: Toby Mendel

Publisher: UNESCO

Published: 2012-01-01

Total Pages: 144

ISBN-13: 9231042416

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"This publication seeks to identify the relationship between freedom of expression and Internet privacy, assessing where they support or compete with each other in different circumstances. The book maps out the issues in the current regulatory landscape of Internet privacy from the viewpoint of freedom of expression. It provides an overview of legal protection, self-regulatory guidelines, normative challenges, and case studies relating to the topic. With this publication UNESCO aims to provide its Member States and other stakeholders, national and international, with a useful reference tool containing up-to-date and sharp information on emerging issues relevant to both developed and developing countries. Multiple stakeholders, preferably in dialogue, can use it in their own spheres of operation, adapting where appropriate from the range of experiences as recorded in these pages. The publication also supplies additional sources of reference for interested readers to use to further investigate each of the subjects highlighted. The publication explores a range of issues, such as: (1) threats to privacy that have developed through the Internet, (2) international legal standards on privacy and responses to these emerging issues, (3) complex intersections between the rights to privacy and freedom of expression, (4) UNESCO recommendations to states and corporations for better practice, (5) overview of literature, background material and tools on international and national policy and practice on privacy and freedom of expression on the Internet. In the coming years, UNESCO will specifically seek to disseminate information about good practices and international collaboration concerning the points of intersection between freedom of expression and privacy. Research on safeguarding the principle of freedom of expression in Internet policy across a range of issues will continue to be part of UNESCO's normative mandate and technical advice to stakeholders."--Publisher's description

Conflict of Laws in the People’s Republic of China
Conflict of Laws in the People’s Republic of China

Author: Zheng Sophia Tang

Publisher: Edward Elgar Publishing

Published: 2016-07-27

Total Pages: 507

ISBN-13: 1849808597

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The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Privacy Lost
Privacy Lost

Author: David H. Holtzman

Publisher: John Wiley & Sons

Published: 2006-10-13

Total Pages: 357

ISBN-13: 0787985112

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While other books in the field focus on specific aspects of privacy or how to avoid invasions, David H. Holtzman--a master technologist, internet pioneer, security analyst, and former military codebreaker--presents a comprehensive insider's exposé of the world of invasive technology, who's using it, and how our privacy is at risk. Holtzman starts out by categorizing privacy violations into "The 7 Sins Against Privacy" and then goes on to explain in compelling and easy to understand language exactly how privacy is being eroded in every aspect of our lives. Holtzman vividly reveals actual invasions and the dangers associated with the loss of privacy, and he takes a realistic look at the trade offs between privacy and such vital issues as security, rights, and economic development. Praise for Privacy Lost "Whether we know it or not, we have all become citizens of the Digital Age. As such we need to take responsibility for our conduct, our safety, and our privacy. David Holtzman is deeply knowledgeable about the industry and passionate about the issues. Regardless of your political views, you will come away from this book better equipped to meet the challenges before us all." --Geoffrey A. Moore, author, Dealing with Darwin: How Great Companies Innovate at Every Phase of Their Evolution "Holtzman has drafted a blueprint all citizens of this great land ought to read if they desire to understand what privacy truly means, why it is important to both their everyday life as well as to their understanding of what it really means to be free, and what they can do to salvage what little privacy is left them. Privacy Lost needs to be readily available on the desks of all concerned citizens--heavily dog-eared and underlined." --Bob Barr, practicing attorney and former Member of theUnited States House of Representatives