Processing of personal data by public authorities in China: assessing equivalence for cross-border transfers from the EU to China
Abstract
The Schrems II judgement highlights that how the foreign public authorities access and process personal data has become an important factor in determining whether EU citizens’ personal data can be transferred to a third country. In China, on the one hand, the Personal Information Protection Law (PIPL) sets out a series of provisions in relation to the processing of personal information by public authorities. On the other hand, several laws and regulations authorise public authorities to access personal information for national security and criminal law enforcement purposes. This paper analyses and examines the laws and practices in China regarding public authorities’ access and use of personal data in light of the post-Schrems II data transfer standards.
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