Legal Definition of Personal Financial Account Information in China
The Personal Information Protection Law includes financial account information in the scope of sensitive personal information but does not provide a clear definition.The lack of a clear definition for the standard can lead to potential vulnerabilities in the rights of data subjects,unclear responsibilities for data controllers,and ambiguity in judicial decisions.By examining for-eign legislation examples and considering the current legislative situation and practices in China,it is advisable to adopt a definition model that combines"definition and enumeration and exclu-sion."This model should consider factors such as the"data subject,""nature of the informa-tion,"and"data processing"in its definition,listing financial account information comprehensive-ly from both legislative and practical perspectives while excluding financial account information that can only be confirmed through indirect identification.Based on this,China can issue a judi-cial interpretation of"financial account information"focusing on four aspects to attain a dynamic equilibrium between the protection of personal information and the utilization of societal informa-tion.
Personal Information Protection Lawfinancial accountpersonal financial infor-mationsensitive personal information