Legal governance of data risks in generative artificial intelligence
The widespread use of ChatGPT-like generative AI has given rise to diverse data risks such as data source compliance risk,data value bias risk,data leakage risk and national security risk caused by cross-border data flow.Faced with risks and challenges,countries have actively responded and have basically formed a weak regulatory model based on industry self-discipline in the United States and a strong regulatory model based on rights in the European Union.Each regulatory model has its own advantages and disadvantages.China has now formed a cautious regulatory model,but there are still shortcomings such as weak decentralized and proactive governance,limited responsibility and obligation structures and difficulties in legal practice.In order to prevent the expansion and intensification of risks and bridge the shortcomings of China's governance mentioned above,China should actively draw on beneficial experiences from outside the region,guide the construction of a new paradigm for agile governance of data risks under the guidance of the theory of new q uality productive frocw in the new era,establish a coordinated concept of"multiple coordination,joint governance",build an adaptive mechanism of"innovation first,governance equally important"and employ flexible approaches of"combining rigidity and flexibility,flexible response"to improve China's generative AI data risk legal governance system.