Coupling With the Digital Society: the Conceptualization of GDPR and PIPL of the Digital Society as Autopoiesis Systems
(2022) SOLM02 20221Department of Sociology of Law
- Abstract
- As information technology develops in the past decade, the digital society has affected every
aspect of the social structure. The legal system faces the challenge in implementing the legal
norms, yet the evolved architecture of technology in the digital society makes it difficult for
the law to perform its function. One of the fields of challenge is legal protection of personal
data.
Legislators in various societies have recognized the challenges posed by the digital society and
have introduced new legal instruments for the regulation of the digital society. The GDPR and
the PIPL are two legal instruments that address the issue of personal data protection in the EU
and China.
As the benchmark laws for digital society... (More) - As information technology develops in the past decade, the digital society has affected every
aspect of the social structure. The legal system faces the challenge in implementing the legal
norms, yet the evolved architecture of technology in the digital society makes it difficult for
the law to perform its function. One of the fields of challenge is legal protection of personal
data.
Legislators in various societies have recognized the challenges posed by the digital society and
have introduced new legal instruments for the regulation of the digital society. The GDPR and
the PIPL are two legal instruments that address the issue of personal data protection in the EU
and China.
As the benchmark laws for digital society regulation, the GDPR and the PIPL have been
discussed extensively in the academia, but there have been a lack of studies from the
perspective of the legal system as a whole to investigate the reasons recognized by the system
that lead to the legal provisions.
This thesis aims to study the legal systems’ conceptualization of the social evolution in the
digital society and how such conceptualization led to the legal instruments. Its purpose is to
understand how social change is perceived and processed in the legal system through analysing
the laws that address the current state of society. Through understanding the process of forming
and expressing the legal conceptualization of digital society, it is possible to shed light on the
understanding of the dynamics within the legal system under the influence of the conditions
provided by the contemporary social environment.
This study adopts Luhmann's autopoiesis systems theory extensively and uses this theoretical
framework to perform content analysis and comparative law study on the legal texts of GDPR
and PIPL. The study in this paper is also expected to provide a different approach to apply the
theoretical framework of autopoiesis systems theory.
The results of this work show that the legal evolution represented by the GDPR and the PIPL
is enabled by the potential of evolution innate to the legal system; the evolution is demand by
the function of the legal system to produce stability for the social environment on the issue of
personal data protection; and the need to accommodate to the dynamic of other social systems
is the driving factor of the said evolution. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9101195
- author
- Ye, Jieying LU
- supervisor
- organization
- course
- SOLM02 20221
- year
- 2022
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- GDPR, PIPL, personal data protection, autopoiesis systems theory
- language
- English
- id
- 9101195
- date added to LUP
- 2022-10-10 16:36:29
- date last changed
- 2022-10-10 16:36:29
@misc{9101195, abstract = {{As information technology develops in the past decade, the digital society has affected every aspect of the social structure. The legal system faces the challenge in implementing the legal norms, yet the evolved architecture of technology in the digital society makes it difficult for the law to perform its function. One of the fields of challenge is legal protection of personal data. Legislators in various societies have recognized the challenges posed by the digital society and have introduced new legal instruments for the regulation of the digital society. The GDPR and the PIPL are two legal instruments that address the issue of personal data protection in the EU and China. As the benchmark laws for digital society regulation, the GDPR and the PIPL have been discussed extensively in the academia, but there have been a lack of studies from the perspective of the legal system as a whole to investigate the reasons recognized by the system that lead to the legal provisions. This thesis aims to study the legal systems’ conceptualization of the social evolution in the digital society and how such conceptualization led to the legal instruments. Its purpose is to understand how social change is perceived and processed in the legal system through analysing the laws that address the current state of society. Through understanding the process of forming and expressing the legal conceptualization of digital society, it is possible to shed light on the understanding of the dynamics within the legal system under the influence of the conditions provided by the contemporary social environment. This study adopts Luhmann's autopoiesis systems theory extensively and uses this theoretical framework to perform content analysis and comparative law study on the legal texts of GDPR and PIPL. The study in this paper is also expected to provide a different approach to apply the theoretical framework of autopoiesis systems theory. The results of this work show that the legal evolution represented by the GDPR and the PIPL is enabled by the potential of evolution innate to the legal system; the evolution is demand by the function of the legal system to produce stability for the social environment on the issue of personal data protection; and the need to accommodate to the dynamic of other social systems is the driving factor of the said evolution.}}, author = {{Ye, Jieying}}, language = {{eng}}, note = {{Student Paper}}, title = {{Coupling With the Digital Society: the Conceptualization of GDPR and PIPL of the Digital Society as Autopoiesis Systems}}, year = {{2022}}, }