Privacy and Cybersecurity Frameworks in China and the US: Comprehensive vs. Sectoral Legislation

An Invitation-Only Roundtable

Wednesday, Feb. 27, 2019
3:30 – 5:30 P.M.
William J. Perry Room, Encina Hall
Stanford University
 

China is developing a robust commercial privacy and cybersecurity framework. Multiple agencies are issuing guidelines under a cybersecurity law that took effect last year, and a new e-commerce law with privacy and cybersecurity provisions just entered into force on January 1. Further privacy legislation is being drafted, as China may be looking to develop a companion to the comprehensive privacy law of Europe. Meanwhile, the US has no comprehensive privacy or cybersecurity law, with separate federal provisions for health records, financial data, telecoms records, and data relating to children, while the rest of the economy is subject to the case-by-case oversight of the Federal Trade Commission and now growing activism by the states.

In terms of the relationship between consumers and corporations, is China becoming more privacy-protective than the US? How should we understand the trends in China? Will the US Congress finally adopt comprehensive legislation (if only to preempt the states)? Could and should we see a convergence of privacy and cybersecurity norms globally? How can innovative companies that want to offer their goods and services worldwide comply with the privacy and cybersecurity laws of China, the US and Europe (and, of course, the rest of the world)? And how should the laws of those countries develop to better protect consumers while also fostering innovation and competition?

To consider these questions, we are convening an off-the-record roundtable discussion. Presentations to jumpstart the conversation will be offered by Zhou Hui, of the China Cyber and Information Law Society, and Andrew Grotto of the Hoover Institution and the Center for International Security and Cooperation, followed by open-ended dialogue.

Participants will include Prof. Zhang Ping of Peking University Law School as well as experts from the Chinese Academy of Social Sciences and JingDong, the leading e-commerce company.

Co-sponsored by:

  • Stanford Center for International Security and Cooperation
  • Berkeley Center for Law & Technology
  • Peking University
  • The EastWest Institute
  • The United States Information Technology Office (USITO)
  • The Asia Society
  • JDD
  • New America