The Allocation of Legislative Authority Over Data-Related Issues Between Central and Local Governments
China currently has a multitude of local data regulations addressing a broad spectrum of issues.Although this extensive regulation aims to address various concerns,its fragmented nature may inadvertently deter market participants,diminishing their enthusiasm for engagement and impeding the robust development of the digital economy.This predicament arises from insufficient consideration by local legislators regarding whether certain issues are appropriately addressed at the local level.To rectify this sit-uation,a comprehensive evaluation standard centered on the principles of'local affairs,''the central government's exclusive do-main of legislative power,'and'non-conflict,non-duplication'should be established.This framework would provide a clear hier-archy of legislative authority for data-related matters,facilitating efficient and effective regulation.When applying this standard to existing local data regulations,it becomes evident that local regulations are suitable for establishing rules governing government functions and duties,as well as for defining,sharing,and utilizing public data.However,issues related to data ownership and circulation,individual data rights,and legal liabilities for data violations are not conducive to local regulation.The necessity for national data legislation is further highlighted by the need for a cohesive approach across legislative bodies,market participants,and within China's participation in global regulatory competition.Such legislation should be driven by practical needs and provide clear definitions of the specific content subject to regulation.
local regulationsdata legislationdata ownershippublic datareservation of law
万方数据
维普
