Don’t Ask, Don’t Sell: The Criminalization of Business Information-Gathering in China and the Case o...

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" Don’t Ask, Don’t Sell: The Criminalization of Business Information-Gathering in China and the Case of Peter Humphrey "
Clarke, Donald

Document Type	:	AL
Record Number	:	931557
Doc. No	:	LA07z1c491
Language of Document	:	English
Main Entry	:	Clarke, Donald
Title & Author	:	Don’t Ask, Don’t Sell: The Criminalization of Business Information-Gathering in China and the Case of Peter Humphrey [Article]\ Clarke, Donald
Title of Periodical	:	Pacific Basin Law Journal
Volume/ Issue Number	:	33/2
Date	:	2016
Abstract	:	The case of Peter Humphrey and Yu Yingzeng, convicted in China on August 2014 on charges of unlawful acquisition of personal information of citizens (PIC), raises important issues about Chinese law. A narrow but important issue is how Chinese law draws the line between lawful and unlawful acquisition of information, a practice routinely carried out by businesses and individuals. This article examines the trial transcript and judgment in the Humphrey/Yu case and finds that it sheds regrettably little light on what remains a murky question. The judgment ignored the issue entirely, finding in effect that the collection of PIC was per se unlawful.