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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.
Privacy and Data Protection Law in China by Chengxin Peng,Guosong Shao Pdf
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in China covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.
This book illustrates the role that Private Security Companies (PSC) with ‘Chinese characteristics’ play in protecting people and property associated with the Belt and Road Initiative (BRI). The revival of the ancient Silk Road economic “belt,” combined with the 21st Century sea lanes of communication known as the “road,” is intended to enhance global connectivity and increase commercial activity. However, the socio-political risks associated with Chinese outbound direct investments are often overlooked. Terrorism, separatism, kidnapping and other risks are mostly new to Chinese companies, some of which are operating abroad for the first time. Economic globalization and the transnational exploitation of natural resources have increased the need for Chinese-owned PSCs in spite of the disdain for the profession of “a lance for hire.” Due to peculiar geo-strategic and geo-economic features, the “belt” from Central Asia to Pakistan and the “road” from the Somali coast to the Strait of Malacca are characterized by a high level of insecurity. This book’s focus on how the state’s monopoly of force privatization can play a significant role in protecting the New Silk Road will be of interest to policymakers, journalists, and academics.
Migration and Social Protection in China by Ingrid Nielsen,Russell Smyth Pdf
China has an estimated 120?150 million internal migrants from the countryside living in its cities. These people are the engine that has been driving China's high rate of economic growth. However, until recently, little or no attention has been given to the establishment of a social protection regime for migrant workers. This volume examines the key issues involved in establishing social protection for them, including a critical examination of deficiencies in existing arrangements and an in-depth study of proposals that have been offered for extending social security coverage. Featuring contributions from leading academics outside China who have written on the topic as well as experts from leading Chinese academic institutions such as Chinese Academy of Social Sciences and the Development Research Center in the State Council, this volume provides a comprehensive account from both inside and outside China.
The right of individuals to prevent unauthorized disclosures of information concerning their private activities is recognized at least to some extent in most common law and civil law countries. This right is being increasingly threatened by the general trend towards bringing more information into the public domain. Raymond Wacks examines competing claims to "privacy" and "publicity" and reveals the extent to which the law affords protection to those who wish personal information to remain their personal property.
The 2020 International Conference on Machine Learning and Big Data Analytics for IoT Security and Privacy by John MacIntyre,Jinghua Zhao,Xiaomeng Ma Pdf
This book presents the proceedings of The 2020 International Conference on Machine Learning and Big Data Analytics for IoT Security and Privacy (SPIoT-2020), held in Shanghai, China, on November 6, 2020. Due to the COVID-19 outbreak problem, SPIoT-2020 conference was held online by Tencent Meeting. It provides comprehensive coverage of the latest advances and trends in information technology, science and engineering, addressing a number of broad themes, including novel machine learning and big data analytics methods for IoT security, data mining and statistical modelling for the secure IoT and machine learning-based security detecting protocols, which inspire the development of IoT security and privacy technologies. The contributions cover a wide range of topics: analytics and machine learning applications to IoT security; data-based metrics and risk assessment approaches for IoT; data confidentiality and privacy in IoT; and authentication and access control for data usage in IoT. Outlining promising future research directions, the book is a valuable resource for students, researchers and professionals and provides a useful reference guide for newcomers to the IoT security and privacy field.
Intellectual Property Law in China by Christopher Heath Pdf
Intellectual property law and practice in China has changed dramatically since the first edition of this influential book published in 2005. Today, judicial and administrative application of law plays a major role, and accordingly this entirely rewritten new edition draws on an abundance of court and administrative decisions clarifying how the law is applied. In a thorough and systematic manner, the authors clearly demonstrate the sophisticated level of legal certainty available for domestic and foreign entities doing business in China, including the adaptation of the legal framework to new technologies, broadened scope of protected subject matter, improved quality of filings, and significant enhancement of enforcement not only with regard to remedies but also to procedural aspects. Providing comprehensive coverage of all aspects of intellectual property protection in China – including analysis of IP-related provisions of China’s new Civil Code – the book emphasizes issues of concern to foreign traders and investors such as the following: copyright law and software protection; protection of trademarks, including Chinese character and Roman script trademarks, well-known marks and bad faith applications; technology transfer; enforcement of trade secret and patent protection; criminal liability for infringement; unfair competition and antitrust law; role of the binding interpretations of the Supreme People’s Court; administrative regulations that supplement the laws; co-operation with administrative authorities; protection of geographical indications; protection of trade names; domain name dispute resolution; special patent-related laws protecting such areas as plant varieties, integrated circuit layout designs,; and relevant provisions of the distinct laws of Hong Kong and Macao. Full descriptions of the competencies of China’s IP-related institutions are included with detailed attention to procedural matters. Brief historical notes in each chapter feature the most significant changes in each amendment of law and regulation. Because in China the laws are supplemented and interpreted by numerous guidelines and circulars issued by ministries or courts, the up-to-date knowledge and awareness provided in this new edition is essential for all companies investing in China or considering such investment, as well as for practitioners counselling their clients on strategies. In addition, officials and policymakers involved in trade or other relations with China will benefit from a comprehensive update of what the current law is and a critical view of what the challenges are. “...the 2021 IPLCN is a recommended read for those who seek a well-written English textbook which covers the main principles of Chinese IP Law. Clearly outlined, it is probably one of the best of its kind on the market. Its existence is welcome and necessary in the current era, where languages are still obstacles.” By Tian Lu, Book Review for The IP Kitten, September 2021.
Protecting China's Interests Overseas by Andrea Ghiselli Pdf
Protecting China's Interests Overseas provides a fascinating and new window into Chinese foreign and security policymaking. In particular, it shows how the management of non-traditional security issues abroad led to the emergence of China's strategy to defend its interests overseas. This book comes at a critical time, as China has just inaugurated its first overseas military base in Djibouti, thereby establishing a long-term military presence outside Asia. Based on a large number of Chinese primary sources, the book examines how the main actors involved in the making and implementation of Chinese foreign policy understood the problem of protecting the assets and lives of Chinese companies and nationals abroad, especially in North Africa and the Middle East, and interacted with each other depending on their priorities, preferences, and organizational interests. As the different chapters explore various aspects and dynamics within the Chinese foreign and security policy machine, the analysis concludes that the emergence of China's strategy to defend its interests overseas was, to a large extent, crisis-driven. The evacuation of 36,000 Chinese nationals from Libya in 2011 was a critical moment in this process. Henceforth, significant efforts were made to strengthen the capabilities of and coordination between the different agencies under the control of the Chinese leadership, especially the Chinese People's Liberation Army. Consistently, China's military presence abroad expanded and evolved over the years to stabilize the regions where the country's human and economic presence is most significant, and to neutralize the non-traditional security threats against it. However, Chinese policymakers still face important challenges and complex dilemmas on the path to formulate a sustainable policy towards this very difficult issue. Protecting China's Interests Overseas also offers an opportunity to rethink how we study and understand Chinese foreign policymaking.
The Protection of Trade Secrets in China by Shan Hailing Pdf
For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.
China, the UN, and Human Protection by Rosemary Foot Pdf
Over a relatively short period of time, Beijing moved from dismissing the UN to embracing it. How are we to make sense of the People's Republic of China's (PRC) embrace of the UN, and what does its engagement mean in larger terms? This study focuses directly on Beijing's involvement in one of the most contentious areas of UN activity — human protection — contentious because the norm of human protection tips the balance away from the UN's Westphalian state-based profile, towards the provision of greater protection for the security of individuals and their individual liberties. The argument that follows shows that, as an ever-more crucial actor within the United Nations, Beijing's rhetoric and some of its practices are playing an increasingly important role in determining how this norm is articulated and interpreted. In some cases, the PRC is also influencing how these ideas of human protection are implemented. At stake in the questions this book tackles is both how we understand the PRC as a participant in shaping global order, and the future of some of the core norms which constitute that order.
Data Privacy and Crowdsourcing by Lars Hornuf,Sonja Mangold,Yayun Yang Pdf
This open access book describes the most important legal sources and principles of data privacy and data protection in China, Germany and the United States. The authors collected privacy statements from more than 400 crowdsourcing platforms, which allowed them to empirically evaluate their data privacy and data protection practices. The book compares the practices in the three countries and develops empirically-grounded policy recommendations. A profound analysis on workers ́ privacy in new forms of work in China, Germany, and the United States. Prof. Dr. Wolfgang Däubler, University of Bremen This is a comprehensive and timely book for legal and business scholars as well as practitioners, especially with the increasingly important role of raw data in machine learning and artificial intelligence. Professor Mingfeng Lin, Georgia Institute of Technology
Named a Notable Work of Nonfiction of 2020 by the Washington Post As heard on NPR's Fresh Air, We Have Been Harmonized, by award-winning correspondent Kai Strittmatter, offers a groundbreaking look, based on decades of research, at how China created the most terrifying surveillance state in history. China’s new drive for repression is being underpinned by unprecedented advances in technology: facial and voice recognition, GPS tracking, supercomputer databases, intercepted cell phone conversations, the monitoring of app use, and millions of high-resolution security cameras make it nearly impossible for a Chinese citizen to hide anything from authorities. Commercial transactions, including food deliveries and online purchases, are fed into vast databases, along with everything from biometric information to social media activities to methods of birth control. Cameras (so advanced that they can locate a single person within a stadium crowd of 60,000) scan for faces and walking patterns to track each individual’s movement. In some schools, children’s facial expressions are monitored to make sure they are paying attention at the right times. In a new Social Credit System, each citizen is given a score for good behavior; for those who rate poorly, punishments include being banned from flying or taking high-speed trains, exclusion from certain jobs, and preventing their children from attending better schools. And it gets worse: advanced surveillance has led to the imprisonment of more than a million Chinese citizens in western China alone, many held in draconian “reeducation” camps. This digital totalitarianism has been made possible not only with the help of Chinese private tech companies, but the complicity of Western governments and corporations eager to gain access to China’s huge market. And while governments debate trade wars and tariffs, the Chinese Communist Party and its local partners are aggressively stepping up their efforts to export their surveillance technology abroad—including to the United States. We Have Been Harmonized is a terrifying portrait of life under unprecedented government surveillance—and a dire warning about what could happen anywhere under the pretense of national security. “Terrifying. … A warning call." —The Sunday Times (UK), a “Best Book of the Year so Far”
Consumer data protection in Brazil, China and Germany by Rainer Metz,Jörg Binding,Pan Haifeng,Florian Huber Pdf
The rapid development of new information and communication technologies has changed people’s everyday life and consumption patterns significantly. The worldwide spread of those technologies provides many innovations for consumers, but it can also bear risks, such as the indiscriminate collection, storage and cross-border flow of personal data, illegal spying on Internet activities, dissemination of personal information, and abuse of user passwords. The study deals with the current state of consumer data protection law in Brazil, China and Germany from a comparative perspective. It covers the main legal issues of consumer privacy and data protection in these countries and seeks to explain current issues and case law concerning consumer data protection from a practical perspective.
Rainer Metz,Jörg Binding,Pan Haifeng,Florian Huber,German Federal Ministry of Justice and Consumer Protection,China. Guo jia gong shang xing zheng guan li ju,National Consumer Secretariat, Ministry of Justice of the Federal Republic of Brazil,Deutsche Gesellschaft für Internationale Zusammenarbeit
Author : Rainer Metz,Jörg Binding,Pan Haifeng,Florian Huber,German Federal Ministry of Justice and Consumer Protection,China. Guo jia gong shang xing zheng guan li ju,National Consumer Secretariat, Ministry of Justice of the Federal Republic of Brazil,Deutsche Gesellschaft für Internationale Zusammenarbeit Publisher : Unknown Page : 222 pages File Size : 53,9 Mb Release : 2016 Category : Data protection ISBN : OCLC:1136194933
Consumer Data Protection in Brazil, China and Germany by Rainer Metz,Jörg Binding,Pan Haifeng,Florian Huber,German Federal Ministry of Justice and Consumer Protection,China. Guo jia gong shang xing zheng guan li ju,National Consumer Secretariat, Ministry of Justice of the Federal Republic of Brazil,Deutsche Gesellschaft für Internationale Zusammenarbeit Pdf
The rapid development of new information and communication technologies has changed people's everyday life and consumption patterns significantly. The worldwide spread of those technologies provides many innovations for consumers, but it can also bear risks, such as the indiscriminate collection, storage and cross-border flow of personal data, illegal spying on Internet activities, dissemination of personal information, and abuse of user passwords. The study deals with the current state of consumer data protection law in Brazil, China and Germany from a comparative perspective. It covers the main legal issues of consumer privacy and data protection in these countries and seeks to explain current issues and case law concerning consumer data protection from a practical perspective.
