Does Tesla Violate Law When Disclosing a Customer’s Driving Data?

(By You Yunting)According to a media report, a woman recently claimed her rights at a car exhibition in Shanghai after Tesla disclosed part of driving data of her Tesla car, including time, VIN, speed, physical movement signal of the brake pedal and the pressure of master brake cylinder. The woman’s family claimed that Tesla infringed the car owner’s privacy and consumer rights and should cancel the data and apologize.

Let’s discuss whether it was illegal for Tesla to disclose the customer’s driving data to media. First, in my opinion, driving data are personal data of Tesla car drivers, so Tesla violated the Cyber Security Law when disclosing the driving data without the driver’s approval.

READ MORE

China Laws and Regulations Update in May 2021

1. Minutes of Meeting on What Courts in China Should Do to Fully Implement Civil Code

Promulgated by the Supreme People’s Court

Document number: L.I.[2021]94

Meeting Minutes clarifies important issues concerning the application of law and work mechanism that should be addressed now to take Civil Code into full action. It is crucial for appropriate administration of Civil Code, creation of uniform law application rules, equal protection of legal rights and interests of all sides and services for excellent social and economic development. Courts of all levels should fully and accurately understand the essence and fundamental parts of Meeting Minutes.

READ MORE

China Laws and Regulations Update in December 2020

1.(Eleventh)Amendment to Criminal Law 

Promulgated by the Standing Committee of the National People’s Congress

Promulgation date: 26 December 2020

Implementation date: 1 May 2021

Document number: No.66 Chinese President Order

The Amendment changes the age of criminal responsibility, providing that a person aged 12 or above and less than 14 years old should take criminal responsibility for murder or assault causing death or serious injury or disability very violently in serious circumstances subject to approval of the Supreme People’s Procuratorate for pursuing their criminal responsibility.

READ MORE

China Laws and Regulations Update in May 2020

1.The Civil Codeof the People’s Republic of China

Promulgated by the National People’s Congress

Promulgation date: 28 May 2020

Implementation date: 1 January 2021

Document number: No.45 President Order

The Civil Code of the People’s Republic of China consists of 1260 items in seven chapters, i.e. general principles, rights in property, contracts, personality rights, marriage and family, inheritance, infringement and attached sections.

The lawmaking committee of the Standing Committee of the National People’s Congress started to work on the Civil Code in March 2015. The general principles of the civil law were reviewed and passed on the 5th meeting of the 12th National People’s Congress in March 2017. In December 2019 the Standing Committee of the National People’s Congress reviewed the draft of the Civil Code incorporating the general principles of the civil law and drafts of the chapters of the amended Civil Code and decided to submit the draft of the Civil Code to the 3rd meeting of the 13th National People’s Congress for review.

READ MORE