Legislation concerning the protection of the right to online privacy in China: A comparative study with EU

摘要

Triggered by a spat between China's two top Internet firms, this paper explores the legal system concerning the protection of the right to online privacy in mainland China by an international and comparative study, with special reference to that of EU. The authors point out that all the problems of existing laws and regulations concerning the protection of the right to online privacy should be regarded as the combined results of both the legal system building and the current stage characteristic of rapid development. The authors offers suggestions for China to better the legislation concerning the protection of the right to online privacy systematically, such as the constitutional protection of the right to privacy should be strengthened; the protection of the right to privacy in civil law system should be unified and be more detailed; the protection of the right to privacy in criminal law should be promulgated and be more updated; the protection of the right to privacy in administrative law should be strengthened and the special law protecting the right to online privacy should be enacted.