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GW Law Faculty Publications & Other Works

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2015

Data privacy

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The Peter Humphrey/Yu Yingzeng Case And Business Intelligence In China, Donald C. Clarke Jan 2015

The Peter Humphrey/Yu Yingzeng Case And Business Intelligence In China, Donald C. Clarke

GW Law Faculty Publications & Other Works

The case of Peter Humphrey and Yu Yingzeng, convicted in China on August 2014 on charges of unlawful acquisition of citizens’ personal information, raises important issues about Chinese law. A narrow but important issue is how Chinese law draws the line between lawful and unlawful acquisition of information, a practice routinely carried out by businesses and individuals. This article examines the trial transcript and judgment in the Humphrey/Yu case and finds that it sheds regrettably little light on what remains a murky question. A broader issue is whether the Chinese legal system can be counted on to operate in a …