03 June 2022
[Publication] Release of Jurisdiction Reports on the Status of Consent for Processing Personal Data (China)
The Asian Business Law Institute (ABLI) and the Future of Privacy Forum are delighted to announce the release of the first in a series of 14 detailed jurisdiction reports that will explore the role and limits of consent in the data protection laws and regulations of 14 jurisdictions in Asia Pacific, as part of the ongoing ABLI-FPF joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific.”
Launched on the back of the cooperation agreement concluded by ABLI and FPF in August 2021, the joint project aims to understand, analyze and support the convergence of data protection regulations and best data protection practices in Asia Pacific through joint research, publications and events. This collaboration builds on the substantial work done by ABLI and FPF on data protection and privacy laws and frameworks in the region.
The first report released under this joint project focuses on the status of “consent” and alternatives to consent as lawful bases for processing personal data in the People's Republic of China. This report provides a detailed overview of relevant laws and regulations in China on:
● notice and consent requirements for processing personal data;
● alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); and
● statutory bases for processing personal data without consent, and exceptions or derogations from consent requirements in general and sector-specific laws and regulations.
The China jurisdiction report is available for free download here.
Over the coming weeks, ABLI and FPF will continue publishing similar reports for the remaining 13 jurisdictions, which are Australia, Hong Kong SAR, India, Indonesia, Japan, Macau SAR, Malaysia, New Zealand, the Philippines, South Korea, Singapore, Thailand and Vietnam.
The joint project will culminate in the release of a comparative review paper built upon the 14 jurisdiction reports, which will provide detailed recommendations to promote legal convergence around requirements for processing personal data in Asia Pacific.
ABLI and FPF hope that these publications will prove useful to lawmakers, governments, and regulators in Asia (and beyond) who are currently drafting, reviewing, or implementing data protection laws in their respective jurisdictions.
For more detailed descriptions of the joint project and the China jurisdiction report, please read the blog post here.