Protection of Privacy

Personal data is an inevitable part in the process of an online transaction. Sometimes, without the prior approval or even the knowledge of the data provider, the person data is "hijack" or other purposes than originally intended. Apparently, Hong Kong adopts a more western approach to this issue.

China

Compared with Western countries, China has been less concerned with the protection of privacy on the Internet. The PRC Constitution provides for individual's rights to privacy in both persona and communications, but also includes broad exceptions for the state to limit these rights in the name of national security, public safety, or other vaguely defined societal interests. Despite the rapid growth of e-Commerce, China has not enacted any laws or regulations aimed specifically at protecting privacy rights in cyberspace. But existing laws and regulations provide limited protection as discussed below:

Article 38 of the PRC Constitution provides that "the dignity of the person of citizens of the People's Republic of China is inviolable. Insult, defamation, false accusation or false incrimination directed against citizens by any means is prohibited." This right in persona has been extended to the Internet. Article 18 of the Implementing Measures for the Provisional Regulations of the PRC for the Administration of International Connection of Computer Information Networks (1998) specifically prohibits any person from "invading another's privacy by distributing malicious information or using another's name to distribute information."

Article 40 of the PRC Constitution provides that "the freedom and secrecy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe citizens' freedom and secrecy of correspondence, except in cases where, to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law." This constitutional right in communications privacy has also been adopted to cover online communications. Article 7 of the Measures for the Protection of Security and Administration of International Connection of Computer Information Networks (1997) provides that the Internet "users' freedom of communications and secrecy of communications are protected by law. No unit or individual may, in violation of law, use the international connection to invade the users' freedom of communications and secrecy of communications."