Towards Dual Co-governance for Data Compliance:From the Perspective of Regulatory Theory
A correct understanding of the concept of data compliance should start from the perspective of the history of regulation(welfare state-regulatory state-post-regulatory state):the post-regulatory state is a corrective development of the regulatory state rather than a total rejection of the regulatory state,and therefore,the theory of"business-government"dualism is the theoretical path to comprehensively interpret the basic nature of data compliance.Combining the dual perspectives of the enterprise and the government,the theory of regulation is introduced to analyze the allocation of regulatory resources and the reconfiguration of regulatory space between the enterprise and the government.On this basis,the theoretical perspective of"meta-regulation"is used to unify self-regulation and government regulation under the framework of data compliance,and the institutional structure of data compliance can be developed from three perspectives:in"guided self-regulation",privacy design theory is introduced to guide enterprises in the design of data processing through the issuance of In"guided self-regulation",the theory of privacy design is introduced,and enterprises are guided to implement the value concept of privacy protection in the design of data processing technology through the promulgation of technical standards;in"supervised self-regulation",a risk assessment mechanism is established,requiring enterprises to assess the risk of each stage of data processing under the system of their data compliance system;in"restricted self-regulation",multiple accountability mechanisms are established to ensure that enterprises are able to fulfill their obligations under the system of data compliance.In"restricted self-regulation",a reasonable balance is struck between the sharing of responsibilities between enterprises and experts through multiple accountability methods,so as to reasonably determine the forms of responsibility that enterprises should assume at different stages in a more flexible manner.
data compliancedual co-governanceself-regulationgovernment regulationmeta-regulation
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