Legal Regulation and Improvement of China's Data Export from National Sovereign Perspective
In the era of globalization of the digital economy,large-scale data exports from various countries have become the norm.In order to prevent and cope with the risks of infringement on the privacy of citizens,the public safety,national security,and development interests during the export of data,countries have invoked"data sovereignty"to regulate the da-ta export.The European Union's"geographically-based"and the United States'"organizationally-based"are the two most typical regulatory paths.The former focuses on the protection of data privacy,tending to be strict and conservative,while the latter attaches the utilization of data value,tending towards freedom and radicalism.Although the two have differ-ent orientations,they both introduce the principle of effective jurisdiction on the basis of traditional personal and territorial jurisdiction,creating the extraterritorial application of data legislation.At present,China has also formed three data regula-tory systems in the context of sovereignty,namely the Cyber Security Law,the Data Security Law and the Personal Informa-tion Protection Law.However,the rules and provisions related to data export are still simple and rough,and need to be re-fined and improved at a micro level.Meanwhile,at the macro level,China should also pay attention to the overall consider-ation of the exercise of data sovereignty,take into account the reasonable concerns of other countries and actively promote the achievement of bilateral and multilateral data cross-border cooperation rules with the concept of a community with shared future in cyberspace,so as to build a regulatory system of data export that can safeguard the interests of China's da-ta sovereignty while promote the development of the data industries.
data exportdata sovereigntylegislative jurisdictioneffect principle
国家科技期刊平台
NSTL
万方数据
