The Social Subject Self-regulation of The Data Security Risk And Its Constitutionality Control
The social subject self-regulation of the data security risks involves a series of constitutional issues such as the alloca-tion of risk regulation responsibilities,the boundaries of state intervention,the fundamental rights and responsibility boundaries of social subjects,so it is necessary to conduct constitutionality control.The social subject self-regulation of the data security risks in current laws mainly include organizational regulation,behavioral regulation,collaborative regulation,and ethical regulation.The four types of social subject self-regulation are constitutionality.Organizational regulation and behavioral regulation restrict the business freedom of enterprises,but the restrictions are constitutionality;The main constitutional basis of collaborative regulation is democratic rights(or democratic power)and the constitutional provision of"the state shall practice a socialist market econo-my";The main constitutional basis of ethical regulation is the ethical requirements of the Constitution and the need to achieve na-tional security tasks.In order to ensure the circulation and utilization of the data and promote the development of the digital econo-my,the social subject self-regulation of data security risk should be constitutionality controlled.First,the regulatory responsibili-ties should be reasonably allocated to avoid the abuse of social subject self-regulation;Second,make good use of the post-regu-lation to control the violation of the fundamental rights by the collaborative regulation;Thirdly,to build ethical consensus through Constitution and prevent the generalization of ethical regulation.
the data security risksocial subject self-regulationconstitutionality argumentationconstitutionality control
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维普
