Examining Sensitive Personal Information Protection in China: Framework, Obstacles, and Solutions

Abstract

ABSTRACT:In 2021 China passed the Personal Information Protection Law. One of the most important features of the law is its regulation of sensitive personal information processing. This article examines how Chinese legal frameworks treat sensitive personal information and analyzes how the Personal Information Protection Law protects sensitive personal information by creating general rules for personal information processing and specific rules for sensitive information. This article also analyzes three obstacles to sensitive personal information protection: context sensitivity, the influence of widespread use of digital technologies, and the balance among various interests. In response, this article proposes three solutions: (1) a contextual strategy for risk governance, including contextual risk analysis and resilience; (2) algorithm compliance, including the algorithmic impact assessment and algorithmic supervision; and (3) a two-step test for balancing various interests.