On November 1, 2022, the "Academic Seminar on the First Anniversary Observation of the Personal Information Protection Law and the First Anniversary Promotion of the Group Standards of the "Guidelines for the Compliance of Personal Information Processing" jointly sponsored by the China Legal Exchange Foundation, the Institute of Rule of Law and Development of Peking University and the Institute of Intellectual Property Development of Peking University Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Development of Peking University was successfully held in Xinglin Villa, Beijing.
This meeting is divided into three links: "Legislation and Implementation", "Theory and Practice" and "Open Roundtable Forum". It is carried out simultaneously through a combination of online and offline methods. Many experts, scholars and practical people were invited to participate in the meeting.
Opening Ceremony
Professor of the Law School of Peking University and Executive Dean of the Institute of Intellectual Property Development of Peking University Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Development at Peking University, Zhang Ping introduced the theme and background of the meeting, and recommended the results of the meeting to the guests and audiences - the new book "Online Observation of the Personal Information Protection Law". Professor Zhang Ping said that this book starts from four perspectives: legislation, theory, justice and prospects, and analyzes and summarizes the basic situation of the implementation of the Personal Information Protection Law for one year.
At the same time, Professor Zhang Ping expressed his sincere welcome and sincere thanks to the guests and the audience, and looked forward to the guests having a wonderful discussion on the theme of this conference.
Legislation and Implementation
The first half of the meeting was chaired by Wang Xixin, professor of the School of Law of Peking University and executive director of the Institute of Rule of Law and Development of Peking University.
Vice President of the Chinese Law Society Gan Zangchun spoke on the topic of "Building an Implementation Mechanism for the Personal Information Protection Law in accordance with the concept of good governance." Gan Zangchun pointed out that the legal basis of the "Personal Information Protection Law" should be carefully studied, including the legislative purpose of the "Personal Information Protection Law", the nature of the personal information rights, and the legal nature of the "Personal Information Protection Law". At the same time, the implementation mechanism of the "Personal Information Protection Law" should be highlighted, the concept of "good governance" should be improved, the platform's gatekeeper's obligations should be established, and a supervision coordination protection mechanism should be established.
Wang Xiang, deputy director of the Economic Law Office of the Legal Affairs Committee of the National People's Congress, summarized the historical background of information development, and pointed out that personal information protection has become the key legislative direction of the National People's Congress, which is the need of the times. Wang Xiang took time as the main line and sorted out the development process of China's personal information protection system. Wang Xiang pointed out that we must fully understand the importance of personal information protection, and personal information protection needs to summarize experience and continuously develop in practice. Finally, Wang Xiang said that the relevant regulations on personal information protection should keep pace with the times, focus on solving new situations and new problems that are constantly emerging, deepen relevant understanding, improve supporting measures, and lay a solid foundation for the development of the digital economy.
You Xueyun, deputy director of the Network Rule of Law Bureau and first-level inspector of the Central Cyberspace Affairs Office, first affirmed the importance of this seminar. Afterwards, combined with the latest guiding ideas of the Twenty National Congress, he introduced the development history of laws related to personal information protection based on the development of the rule of law since the 18th National Congress. The results of the system construction of personal information protection are summarized from six aspects: data exit, personal data management, and Internet information management regulations. You Xueyun pointed out that my country has made certain achievements in personal information protection, but there are still many problems and it is necessary to further improve relevant supporting standards. Finally, You Xueyun expressed his gratitude to all sectors of society for their efforts in protecting personal information and made a prospect for future development.
Deputy Director of the Eighth Procuratorate and Second-level Senior Prosecutor Qiu Jinghui, the Eighth Procuratorate of the Supreme People's Procuratorate, made a speech on public interest litigation and personal information protection. He pointed out that strengthening the protection of personal information through public interest litigation is an important part of promoting the development and improvement of the personal information protection system. At the same time, Qiu Jinghui put forward his own understanding of the improvement of the system, administrative supervision and other aspects, focusing on the key systems of the "Personal Information Protection Law" and combined with various relevant supporting legal provisions since the promulgation of the "Personal Information Protection Law".
Deputy Director of the Network Supervision and Administration Department of the State Administration for Market Regulation Zhang Daoyang spoke on the topic of "Constructing a system and mechanism for personal information protection from rights to specifications - three dimensions". Zhang Daoyang shared his understanding of the rights and norms of personal information protection from three dimensions: promoting online and offline integration, coordinating security and development, and distinguishing commercial applications and social management.
former deputy director/researcher of the Information Security Level Protection Assessment Center of the Ministry of Public Security’s Information Security Level Protection and Assessment Center spoke on compliance guidelines for personal information protection. Taking the group standards of the "Guidelines for the Compliance Assessment of Personal Information Processing Legal Compliance Assessment" and the "Personal Information Protection Law" as the main line, Kymanin shared the urgency, reality and importance of personal information protection around the specific case handling experience of the Ministry of Public Security. Kymanin pointed out that the key to resolving the contradiction between data security and development lies in the concretization of relevant legal provisions and the coordination and cooperation of relevant functional departments.
Theory and Practice
The second half of the meeting was chaired by Zhang Suofei, Chairman of the China Law Exchange Foundation. The meeting mainly focused on the theory and practice of the "Personal Information Protection Law", and experts, scholars and judicial practitioners from all over the country conducted speeches and comments on this topic.
Denzi Mei Xiaying, dean of the School of Law of the University of International Business and Economics, compared the public law protection of personal information with the protection of private law, revealing the current situation of protection in which public law is stronger than private law in practice. In addition, Mei Xiaying also shared her unique insights on issues such as the tension between personal information protection and data utilization, the source of personal information risks, etc.
Professor and doctoral supervisor of the School of Public Affairs, School of Cyberspace Security, University of Science and Technology of China, made a speech on the topic of "Thinking on the Relationship between Rule Design and Law Implementation". Zuo Xiaodong shared his views from three aspects: user evaluation after the formulation and implementation of the "Personal Information Protection Law", the relationship between legal research and technology, and the interpretation after the formulation of legal rules.
Ding Xiaodong, professor and doctoral supervisor of the School of Law of Renmin University of China, and vice president of the Future Institute of Rule of Law, made a speech on the topic of "How to implement the "Personal Information Protection Law" - Reflection on the dual-track system of litigation". Based on the problem of the litigability of personal information, Ding Xiaodong analyzed the advantages and disadvantages of the dual-track system of personal information rights and interests litigation and personal information infringement litigation. Share your thoughts from the perspective of comparative method.
Director of the Internet Judicial Research Center of the Institute of Applied Law of China, Song Jianbao sorted out the background of information technology development and analyzed the necessity and historical development of personal information protection. Song Jianbao pointed out that in today's information age, automated decision-making of electronic data has become an important marketing method, and the need for personal information protection has become more urgent. Therefore, the introduction of special legislation on personal information protection is an important step forward in strengthening personal information protection.
Editor-in-chief of the Institute of Law of the Chinese Academy of Social Sciences, Professor and PhD supervisor Yao Jia spoke on the topic of "The Rights of the Subject of Personal Information: Realizing the Protection and Relief of Dilemma". Yao Jia shared his views on the rights of personal information subjects from three aspects: the destiny of the rights of personal information subjects, the dilemma of realizing the rights of personal information subjects, and the protection and relief of the rights of personal information subjects.
Wang Wenhua, professor and doctoral supervisor of the School of Law of Beijing Foreign Studies University, made a speech on the topic of "Application of Article (I) of the 'Gatekeeper' Article of the Personal Information Protection Law and Response to the Criminal Law". Wang Wenhua deeply analyzed the "gatekeeper" clause from three perspectives: the great significance of the legislative evolution of the "gatekeeper" clause, the criminal legal risk points of the "gatekeeper" clause at the fact level, the application of item (1) of the "gatekeeper" clause and the response to the criminal law, and discussed the views in combination with the norms of the criminal law.
He Yuanqiong, deputy general manager of Beijing Peking University Yinghua Technology Co., Ltd., spoke on the topic of "Analysis of Application Data for the First Anniversary of the Implementation of the Personal Information Protection Law". Based on the data foundation and service capabilities of Peking University’s magic weapon, she proposed to use databases to analyze and implement data, which can provide positivist research support for the implementation of the Personal Information Protection Law.
Open Roundtable Forum
On the evening, the "Open Roundtable Forum" academic seminar on the first anniversary observation of the "Personal Information Protection Law" was hosted by Zhao Jingwu, associate professor of the School of Law of Beijing University of Aeronautics and Astronautics.
Den, second-level professor of the School of Intellectual Property of Shenzhen University, and chief lawyer of Guangdong Beiyuan Law Firm, Huang Yaying introduced Guangdong Beiyuan Law Firm's mature experience in data compliance and personal information protection. Later, he conducted a professional analysis of practical compliance through four cases: preparation and construction of the Shenzhen Digital Exchange, SDK enterprise data compliance, data compliance for leading retail enterprises, and special face recognition compliance.
Wang Qinglan, deputy director of Shenzhen Beipeng Frontier Science and Technology Law Research Institute, spoke on "Innovation and Practice of Data Element Compliance Services". Wang Qinglan introduced the intelligent evaluation system for legal compliance in personal information processing, and clarified the development direction of establishing a diversified and comprehensive "technology compliance" service system in the future. At the same time, Wang Qinglan pointed out that it can be explored to establish a data transaction integrity compliance system, and reduce the compliance costs of data transactions and improve regulatory efficiency through dynamic compliance.
Haijin Tiancheng Law Firm senior partner Wu Weiming expressed relevant opinions on compliance and implementation of health and medical data. Wu Weiming introduced the overview of the legislation of health and medical data, and elaborated in detail on the difficulties in compliance with health and medical data and the compliance implementation issues of the health and medical industry.
History senior researcher Li Wenlong, a Digital Economy Research Center of Alibaba Research Institute, shared his decomposition on the "loss and reconstruction of the anonymization system of the personal information protection law". Li Wenlong believes that the purpose of building anonymization system is to reduce the risk of privacy infringement, and further elaborates on data privacy risks such as multiple choice, correlation and derivative data pending processing of anonymization technology.
Chairman of Shenzhen Anzheng Enterprise Compliance Management (Group) Co., Ltd. shared the third-party legal evaluation of key pilot enterprises in Ping An Group and Alibaba Company and other industries that Anzheng Group participated. Zhou Tao also expressed relevant opinions on the practical issues of the compliance pilot of public security organs and the judicial organs' compliance non-prosecution.
Honor terminal privacy security expert Yin Gaosheng made relevant statements on the issues and difficulties of user privacy protection. Yin Gaosheng pointed out that in addition to improving the relevant legal system, we should further think about how to use norms to guide corporate operations in detail, so as to eliminate users' insecurity about privacy leakage. Based on the rich experience generated by Honor Terminal in practice, he has made a professional explanation and sharing of the above issues.
Hydun Group's senior legal counsel for data and privacy law, combined with practical experience, he gave a professional introduction and conducted relevant discussions on the identification boundaries of personal information, automated decision-making and reasonable regulation of algorithms. Li Hydun believes that the guidance of personal protection law on the future development direction of the industry deserves our continuous attention and research.
Partner Wei Dongdong, Beijing Weiheng (Chengdu) Law Firm, shared the first anniversary observation of the company's implementation of the "Personal Information Protection Law" from the perspective of lawyers. Wei Dongdong introduced two basic tasks of personal information protection and compliant data assets and scenarios for collecting personal information, and explained the risk prevention of personal information protection from two aspects: rectification of existing risks and monitoring incremental risks. At the same time, Wei Dongdong further shared two ideas for enterprises to carry out personal information protection and compliance projects from "agile development" to "agile compliance" and from "security left shift" to "privacy left shift" to "privacy left shift" based on practical experience.
Finally, Zhang Ping, professor and doctoral supervisor of the School of Law of Peking University, and executive director of the Institute of Intellectual Property Development of Peking University Guangdong-Hong Kong-Macao Greater Bay Area, summarized and commented on the views of the above spokesperson. Professor Zhang Ping pointed out that there is a complex relationship between personal information protection and the data element market, and it needs to be observed and discussed from a continuous and diverse perspective. On the occasion of the publication of the "Online Anniversary Observation of the Personal Information Protection Law", Professor Zhang Ping further summarized the development history of Peking University's special research on the Personal Information Protection Law since 2013.
· Research results
In this meeting, "Observation of the First Anniversary of the Personal Information Protection Law" , co-organized by Zhang Ping, professor of the School of Law of Peking University and executive dean of the Institute of Intellectual Property Development of Peking University, and co-organized by Peking University Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Development of Peking University and Shenzhen Beipeng Frontier Science and Technology Law Research Institute was officially released.
As a summary result of the observation of the first anniversary of the implementation of the Personal Information Protection Law, this book is based on the legislative practice of the Personal Information Protection Law. It sorts out and analyzes the Personal Information Protection Law from four dimensions: legislation, theory, justice, and prospects. It was mentioned and recognized by the speakers many times at this meeting.
This meeting was reported by CCTV Social and Law Channel, People's Daily, Xinhua News Agency, Law Daily, Procuratorial Daily, The Paper, and Public Welfare Times .
Thanks to the above media for their attention and support for this meeting.
At this point, the "Academic Seminar on Observation of the First Anniversary of the Personal Information Protection Law and the "Guidelines for the Evaluation of the Personal Information Processing Legal Compliance Evaluation" ended successfully. We sincerely thank the invited guests for their wonderful speeches, the audience's attention, discussions and the hard work of the volunteers from Peking University.
Provided/Photo provided by: Peking University Guangdong-Hong Kong-Macao Greater Bay Area Intellectual Property Development Institute
