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36 Victoria U. Wellington L. Rev. 645 (2005)
Protecting the Right to Privacy in China

handle is hein.journals/vuwlr36 and id is 655 raw text is: PROTECTING THE RIGHT TO PRIVACY IN CHINA Cao Jingchuin This article suggests the Chinese government should establish s ;ytematic legal protection for personalprivacy in China. F irst, a brie! introduction to the history af the concept o/privac' in China is given. Based on the definition ofprivacy in the Wfestern world the modern concept of privacy has been absorbed by Chinese scholars and defined according to Chinese norms. During this process, the sul?/ects and objects of the right to priva have been chosen and the distinctiotns betweetn the right to privacy, the right of reputation and the right to know nhave been made clear. This article considers that it is most important to recognise the right to privacy as an independent right both in the Constitution and Civil ('ode. Depending on the impact of the breach of privacv, liabilii for civil or criminal punishment should attach. Besides these measures, a specific data protection law is also essential. I INTRODUCTION [he right to privacy has been recognised us one of the most fundamental human rights worldwide. It has become one of the most importuat human rights of the modern age.1 Yet the development of legal protection of privacy in mainland China is at least 10 years behind that of Western countries. Since the 1980s privacy has become a popular topic for academics and the media in China. Suddenly Chinese people have become aware of privacy. as shown by the increasing number of cases concerning a right to reputation since the 1990s. Before 2000. the focus was on general ideas of privacy, but in recent years the focus has shifted towards the protection of specific groups' rights to privacy - groups such as minors, students, patients, employees and consumers. The discourse about privacy and its legislation among legal scholars in China seems to have come to a head recently after 15 years' discussion. ihe inclusion of the right to privacy in the draft Civil Code was a landmark for the legal protection of privacy in China.2 The draft Code was submitted to senior legislators at the end Submitted as part of the LLM programme at Victoria University of Wellington. 1 Marc Rotenburg and Cedric Laurant Privacy and Human Rights:.4n Internaional Survey of Privacy Laws and Developments (Privacy International, London, and Electronic Privacy Information Center, Washington DC. 2004). China Legal Publicity and China's Legislative Officials Solicit Advice for Civil Code http://www.legalinfo.gov.cn/> (last accessed 4 July 2004).