On the concept of ‘personal information’ and ‘personal data’ in China and Russia

• Published in: Юридические исследования no. 6; pp. 53 - 70
• Main Author: Zhang, Lu
• Format: Journal Article
• Language: English
• Published: 01.06.2025
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2025.6.74610

This article examines the concepts of ‘personal information’ in the Law of the People's Republic of China ‘On Protection of Personal Information’ and ‘personal data’ in the Federal Law of the Russian Federation ‘On Personal Data’. Three theories are used to analyse the approaches to the definition of these concepts: identification theory, linkage theory and privacy theory. The main attention is paid to the differences and similarities in the concepts of ‘personal information’ and ‘personal data’, as well as their classification within the framework of Chinese and Russian law. The similarities and differences between the two concepts under the laws of the two countries are analysed from two aspects: different ways of identifying the object and different subjects of identification. The aim of the article is to clarify the similarities and differences between the concepts of ‘personal information’ and ‘personal data’ used in Chinese and Russian legislation by comparing and analysing their theoretical foundations, definitional approaches, the history of the concepts and the reasons for their use, as well as their main classifications. The main research methods used in this work include literature analysis, comparative analysis, and case analysis. The main conclusions of the article are that there is no significant difference in content between "personal information" in the PRC Law on Personal Information Protection and "personal data" in the Russian Federal Law on Personal Data. The concepts of personal information and personal data are undoubtedly fundamental to the protection of personal information. However, numerous problems identified in judicial practice reflect the uncertainty of the concept of personal information and the complexity of its practical application. With the development of technologies in the era of big data, the protection of personal information faces new challenges. This is especially true against the backdrop of data fragmentation, where individual pieces of information can be linked, combined, and matched, allowing for the re-identification of specific individuals. Such dynamism and variability make traditional fixed concepts difficult to apply in real-world conditions. Therefore, future legislation should maintain flexibility and elasticity in defining personal information, adapting to changes in the development of information technologies and continuously adjusting and improving relevant legislation in accordance with the actual situation.