Which are the Legal Issues Surrounding Data Privacy in Internet Courts?

Abstract

The legal issues surrounding data privacy in the context of Internet Court are complex and multifaceted. Some of the major legal issues include massive collection of personal data, privacy and transparency in data processing. The Internet Courts present data privacy issues because data providers secure the informed consent of digital consumers before accessing and transmitting their personal data. Additionally, the use of AI in Chinese courts raises concerns about privacy and data protection, as the collection and processing of sensitive information may be susceptible to vulnerabilities. The lack of clarity in data protection laws and the possibility that AI could access sensitive information is an important issue for data privacy. In China, three major laws constitute the legal framework regarding cyber security, data sovereignty, and personal information protection, that is, the Cybersecurity Law (CSL), Data Security Law (DSL), and Personal Information Protection Law (PIPL). However, despite these regulatory efforts, there are still legal gaps related to the data privacy consent of Internet Courts users, the use of AI in courts and the technology companies working in the creation of the new judicial system. Therefore, this paper will address the question of which are the legal issues surrounding data privacy in the Internet Courts, by addressing the impact in data protection, the laws and regulations and the legal loopholes around data privacy in China.