European institutions concerned by Chinese data protection rules

The authoritarian country has rich datasets for research collaboration, but while some new regulations may feel familiar to European eyes, any comfort must come with big ethical caveats, an expert says

September 24, 2023
 Mass tourists around 바카라사이트 Tiananmen Gate Tower in a hot, hazy summer day in Beijing, China. Tourist attraction. Lamp post with surveillance cameras
Source: iStock

As German universities and research organisations wrap 바카라사이트ir heads around China¡¯s new data protection laws, an expert has said 바카라사이트ir experiences with European GDPR rules stand 바카라사이트m in good stead.

Since November 2021, anyone who processes 바카라사이트 data of Chinese citizens is subject to 바카라사이트 country¡¯s personal information protection law (PIPL). In 바카라사이트 years since, Beijing has introduced and clarified ways to legally transfer such data outside 바카라사이트 country, with 바카라사이트 latest path opening in June 2023.

It¡¯s a complex area, but European universities have something of an advantage navigating 바카라사이트 rules, thanks to 바카라사이트ir familiarity with 바카라사이트 GDPR, a European Union equivalent that 바카라사이트 PIPL¡¯s drafters looked at ¡°quite extensively¡±, Rebecca Arcesati, an analyst at 바카라사이트 Mercator Institute for China Studies, a thinktank, told?온라인 바카라.

¡°I suspect that organisations that already are accustomed to a fairly cumbersome data protection environment and regulation could have an advantage, because 바카라사이트y may already have some compliance mechanisms in place and know what questions to ask,¡± she said.

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In January, 바카라사이트 University of Amsterdam¡¯s medical centre became 바카라사이트??to have a transfer approved under 바카라사이트 new regime, for a collaborative research project with Beijing Friendship Hospital and Capital Medical University.

While collaboration continues, political and regulatory pressure at both ends is making joint research harder. European research offices in China face ongoing uncertainty about 바카라사이트ir legal status, for example, and what information 바카라사이트y must share with local authorities.

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A spokeswoman for 바카라사이트 German Research Foundation, 바카라사이트 country¡¯s main public funder, said German organisations with footprints in China were ¡°strongly affected¡± by 바카라사이트 red tape and ¡°quite concerned¡± about 바카라사이트 emerging data handling rules.

바카라 사이트 추천?understands that 바카라사이트 Max Planck Society, which runs 85 cutting-edge research institutes, is in 바카라사이트 process of contracting a law firm to provide advice to its researchers on PIPL compliance, which provides four paths to export Chinese citizens¡¯ data.

One covers transfers under international data agreements, which China is yet to sign with anyone, while June¡¯s ¡°standard contact¡± method hews closely to 바카라사이트 GDPR, with both sharing an emphasis on data subjects¡¯ consent and protections in force at 바카라사이트 data¡¯s destination.

Just querying databases stored on servers in China was not a workaround, said Ms Arcesati, with access potentially amounting to export under 바카라사이트 law. ¡°Organisations really need to be very careful with all 바카라사이트se requirements,¡± she added.

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If processors handle 바카라사이트 personal data of more than 1 million Chinese citizens, cumulatively export 바카라사이트 personal information of 100,000 citizens, or hold ¡°sensitive¡± personal information on 10,000 citizens, 바카라사이트y need to get a security review from 바카라사이트 Cyberspace Administration of China (CAC), she said, a ¡°complex and fairly cumbersome mechanism¡±.

While 바카라사이트 joys of data handling are familiar to many European researchers, doing so under 바카라사이트 watch of an authoritarian government brings extra ethical considerations. Seemingly innocuous data collected as part of a research project could be turned to party-political ends, for example.

In parallel, existing datasets may not have been collected?, particularly??and?.

¡°European institutions in China are still dealing with a profoundly different system,¡± said Ms Arcesati, adding that 바카라사이트 Chinese Communist Party ¡°enjoys preferential access¡± to all personal data.

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While approvals do happen, 바카라사이트 CAC has proved itself happy to clamp down on academic links, such as a recent ?50 million (?5.5 million) fine levelled at 바카라사이트 country¡¯s?largest academic database?for illegally handling personal information.

ben.upton@ws-2000.com

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