
Challenges and Legislative Responses to Privacy Protection in the Digital Age
- 1 Law School, Shanghai University of International Business and Economics, Shanghai, China
* Author to whom correspondence should be addressed.
Abstract
In the digital age, the right to privacy faces more severe threats, which are reflected in the diversification of privacy infringement methods, the control of personal privacy by platforms and the associated risk of data breaches, and the increasing frequency of privacy violations. Currently, China has not established dedicated legislation for privacy protection; instead, there are scattered provisions in certain laws, administrative regulations, local regulations, and rules. The challenges in privacy protection are mainly reflected in the following aspects: incomplete legislation, difficulty in identifying privacy infringements, the exacerbation of privacy violations due to the imbalance of power between platforms and individuals, and insufficient legal remedies. In the digital age, privacy protection should be strengthened in three key areas: first, improving privacy protection legislation; second, establishing mandatory information disclosure obligations for businesses; and third, enhancing legal remedies for users.
Keywords
Right to privacy, Digital age, Personal Information Protection Law
[1]. Li, Z. (2021). Constitutional construction of privacy rights in the digital age. Journal of East China University of Political Science and Law, 24(3), 42–54.
[2]. Yu, C. (2023). Social theoretical reconstruction of privacy rights in the digital age. Chinese Journal of Law, 2, 184.
[3]. Ren, Y. (2022). Juridical construction and rule reconstruction of privacy rights protection in the digital age. Eastern Law Review, 2, 188–200. https://doi.org/10.19404/j.cnki.dffx.20220225.002
[4]. Chen, J. (2023). From private law to public law: The model extension of privacy rights protection in the digital age. Politics and Law, 11, 24–38. https://doi.org/10.15984/j.cnki.1005-9512.2023.11.004
[5]. Li, S. (2024). Legislative responses to privacy rights protection in the digital age. Legal Studies, 3, 17–31.
[6]. Ding, X. (2023). Jurisprudence of the relationship between privacy rights protection and personal information protection: A discussion on the application of the Civil Code and the Personal Information Protection Law. Legal and Commercial Studies, 6, 73.
[7]. Personal Information Protection Law of the People's Republic of China.
[8]. Sun, D. (2021). Social risks and legal regulation of facial recognition technology. Science of Science and Management of S&T, 39(1), 12–20, 32. https://doi.org/10.16192/j.cnki.1003-2053.20200729.001
[9]. China Security Association. (2020). An analysis of the application of facial recognition technology in public security.
[10]. Zhang, Z. (2021). Privacy protection in the big data surveillance society: An observation based on practices in the US and Europe. In Big Data and Privacy (p. 48). Shanghai People's Publishing House.
[11]. Shanghai Municipal Government. (2020). [Privacy policy document]. Retrieved from https://www.shanghai.gov.cn/nw11226/20200813/0001-11226_901.html
[12]. Shenzhen Municipal Legal Affairs Bureau. (n.d.). [Regulations on privacy protection]. Retrieved from http://szwljb.sz.gov.cn/flfg/fl/
[13]. Personal Information Protection Law Article 28.
[14]. Duan, Q., & Zhou, Y. (2022). A discussion on the causes of privacy violations in the digital age: From the perspective of attribution theory. Editing Journal, 3, 30–36.
[15]. Nahra, K. J., Jessani, A. A., Mercer, S. T., Higgins, H., Gopinathan, A., & Pinto, T. Y. (2023). California Privacy Protection Agency releases draft CPRA regulations. WilmerHale.
[16]. The role of prosecutorial agencies in protecting citizens' personal information through public interest litigation. (2021). Retrieved March 4, 2025, from https://www.12309.gov.cn/llzw/jyjl/202103/t20210329_514325.shtml
Cite this article
Lin,T. (2025). Challenges and Legislative Responses to Privacy Protection in the Digital Age. Lecture Notes in Education Psychology and Public Media,95,21-30.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on Global Politics and Socio-Humanities
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).