Personal Data Protection and Privacy Rights in Chinaʼs COVID-19 Measures

I Mue

doi:10.15057/71612

Bibliographic Information

Other Title

中国の新型コロナウイルス感染症対策から見る個人情報保護とプライバシー権
チュウゴクノシンガタコロナウイルスカンセンショウタイサクカラミルコジンジョウホウホゴトプライバシーケン

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Description

The world is struggling with the COVID-19 menace, and each government has been introducing different measures to contain the spread of the virus. The primary point of the measures taken by the Chinese government is to utilise the maximum personal data of Chinese population through the quick and thorough implementation of information communication technologies, AI, big data, GPS tracking and the mobile app called ‘Health Code’, while placing absolute priority on ‘prevention and response to the spread of COVID-19’. On the other hand, concerns have been raised regarding the protection of privacy of the general population of China with these measures. Therefore, this paper will discuss the privacy related problems upon the COVID-19 measures implemented by the Chinese government and its process. It will also clarify the core reasons why issues such as collection, retainment and publication of personal data would happen, from the perspective of privacy rights in China. Finally, this paper will also examine the type of risks in terms of privacy rights that would occur in the future due to the implementation of the COVID-19 measures in Chinese society which has already entered the AI and Big Data era.

Journal

一橋法学

一橋法学 20 (1), 541-575, 2021-03-10

一橋大学大学院法学研究科