UM  > Faculty of Law
Residential Collegefalse
Status已發表Published
Horizontalizing Insecurity or Securitizing Privacy? Two Narratives of a Rule-of-Law Misalignment between a Special Administrative Region and Its State
Segate, Riccardo Vecellio
2022-04-01
Source PublicationChinese Journal of Comparative Law
ISSN2050-4802
Volume10Issue:1Pages:56-89
Abstract

Data protection is generally surmised as antithetical to State surveillance and regulatory intrusiveness into the measures that businesses adopt to ensure the security of personal data. This originates in an ancient, West-rooted understanding of the 'rule of law' as the ultimate shield of 'the private' sphere against 'the public' sovereign power. Therefore, through Western lenses, data protection and State securitization of citizens' data cannot be but a dichotomy. This article challenges such a presumption, arguing that a no less legitimate view of what the 'rule of law' stands for gives rise to both a vertical and a horizontal attitude towards privacy regulation. By scrutinizing the Cathay Pacific data breach and its consequences for passengers' records in terms of corporate liability, this analysis posits that China and one of its special administrative regions, Hong Kong, display the facets of a horizontal and vertical policy approach to data protection respectively. Comparative observations demonstrate that against a context of increasingly pervasive cyberattacks, a fair degree of State oversight in corporate cyberspace regulation is not necessarily to be rejected. In fact, State 'interventionism' to prevent cyberattacks seems a legitimate outlook on data protection, which, while possibly impairing citizens' privacy vertically vis-à-vis the government, greatly enhances such a privacy horizontally by constraining exposure to data misappropriation by non-governmental (home and foreign) cybercriminals. These two 'Chinese' approaches can be synthesized and might, indeed, coalesce into an international rule of law, to be based on moderate State assertiveness to prevent data breaches in the cyberspace.

DOI10.1093/cjcl/cxac002
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000768468800001
PublisherOXFORD UNIV PRESS, GREAT CLARENDON ST, OXFORD OX2 6DP, ENGLAND
Scopus ID2-s2.0-85142434761
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorSegate, Riccardo Vecellio
AffiliationTalent Program PhD Candidate in International Law, Department of Global Legal Studies, Faculty of Law, University of Macau, E32 Avenida da Universidade, Taipa, Macao SAR, People’s Republic of China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Segate, Riccardo Vecellio. Horizontalizing Insecurity or Securitizing Privacy? Two Narratives of a Rule-of-Law Misalignment between a Special Administrative Region and Its State[J]. Chinese Journal of Comparative Law, 2022, 10(1), 56-89.
APA Segate, Riccardo Vecellio.(2022). Horizontalizing Insecurity or Securitizing Privacy? Two Narratives of a Rule-of-Law Misalignment between a Special Administrative Region and Its State. Chinese Journal of Comparative Law, 10(1), 56-89.
MLA Segate, Riccardo Vecellio."Horizontalizing Insecurity or Securitizing Privacy? Two Narratives of a Rule-of-Law Misalignment between a Special Administrative Region and Its State".Chinese Journal of Comparative Law 10.1(2022):56-89.
Files in This Item:
There are no files associated with this item.
Related Services
Recommend this item
Bookmark
Usage statistics
Export to Endnote
Google Scholar
Similar articles in Google Scholar
[Segate, Riccard...]'s Articles
Baidu academic
Similar articles in Baidu academic
[Segate, Riccard...]'s Articles
Bing Scholar
Similar articles in Bing Scholar
[Segate, Riccard...]'s Articles
Terms of Use
No data!
Social Bookmark/Share
All comments (0)
No comment.
 

Items in the repository are protected by copyright, with all rights reserved, unless otherwise indicated.