Data Protection in China; A Comparative Study of the Data Protection Approach in the United States and the European Union

While the European Union and the United States have each designed their own model for personal data protection, China is swiftly developing a particular data protection system in order to have power and competitive advantage over European countries, the United States and Japan. To explain the model, this article seeks to answer the question: what are the main features of the Chinese personal data protection model? Has China been impressed by the American or European model? For this purpose, the specific model designed by this country based on American and European patterns has been explained and analyzed. The results show that by imposing fragmented and sectoral regulations, China had first taken a similar approach to the United States’ in the field of data protection. It has then gradually moved towards the European approach and considered adoption of a comprehensive data protection law. Eventually, however, it has taken different approaches regarding the private and public sectors, data localization and restrictions on cross-border data transfer. Given that Iran has also just started the design of a data protection system, being informed about these approaches, especially the Chinese one, can put their strengths and weaknesses before Iranian policymakers and legislators.