China’s online ID system may not be so bad, says analysis

China’s efforts to introduce a national online ID system have been stoking fears that the Communist Party is introducing yet another way to track its citizens. But despite some shortcomings in the legal proposal, the state-controlled identity authentication platform is unlikely to be turned into a tool for overreach, according to a new analysis from international law firm Bird & Bird.

In July, the Chinese government released the draft “Management Measure on National Network Identity Authentication Public Service” which proposed to establish the Network Identity Authentication Public Service Platform, offering citizens a Network ID Number and Network ID Certificate for real-name registration on online platforms.

The announcement was greeted with concerns from legal experts, academics and activists which were swiftly censored. Bird & Bird, however, argue that the voluntary nature of the digital ID means that the proposal is “not designed to increase oversight over cyberspace.”

“Since the Draft Measure was introduced, concerns have emerged that the Public Service Platform may be used to monitor online users’ browsing history to tighten cyberspace regulation. However, there is no indication from the Draft Measure that the Network ID Proposal suggests such an intention,” the law firm says.

The new regulation is, in fact, a continuation of the long-standing country’s policy to have real-name registration for everything online. Since the 2010s, Chinese people have been required to register with their real name, an ID number or a phone number for almost any online activity, including shopping, sending messages, live streaming and publishing on social media.

The real-name registration rule was introduced to prevent rampant fraud but it also increased the risk of data leaks, complex fraud and excessive data collection by tech companies.

The Network ID Number and Network ID Certificate are designed to solve some of these problems. Users will be able to voluntarily opt-in and the Public Service Platform will not collect any user information unless users agree. Users will also have the right to deactivate their digital identity, delete their data and cancel their account on the proposed Public Service Platform.

“The Draft Measure does not provide that the Public Service Platform shall track online users’ browsing histories,” the analysis notes. “If the Public Service Platform does collect such browsing histories, users can exercise their right to delete or right to cancel the account, and they also have the right to file a lawsuit for personal information rights infringement.”

Many of China’s legal experts, however, seem less than convinced by these arguments.

Since its beginning, real name registration has been used by the government not just to stop online fraud but also to prevent anonymity on social media platforms and swiftly locate critics of the state. Censors have been equally strict with preventing any criticism of the proposed Network ID.

During the summer, social media platform Weibo permanently banned Tsinghua University philosophy professor Huang Yusheng after publishing an article arguing that the Internet ID is unnecessary and that a nation should not subject its citizens to excessive monitoring, surveillance or control, China Digital Times reports.

Well-known criminal law professor Lao Dongyan also ended up with her Weibo account temporarily muted. Lao argued that the Network ID would allow access to users’ internet activity including browsing data. The ID system would also mean that going online or using an online service could become “special privileges that require permission.”

Article Topics

China  |  data privacy  |  data protection  |  digital ID  |  regulation  |  surveillance