Data transaction is the key to activating the potential of data and promoting the development of the digital economy.The checklist management model has such legal functions as reshaping the boundaries of rights and restricting administrative power,which helps to clarify the responsibilities of data transaction subjects and regulate the behavior of all parties.In the context of data security governance transformation,we should adhere to the passive and preventive nature of governance models,the diversity of governance subjects,and the collaborative nature of governance methods,while balancing the security protection and utilization of data.In terms of the content of the checklist system,classified and graded protection should be implemented for data transaction targets,clarifying the rights and obligations of each subject in data transactions and the responsibility of platform supervision.We should emphasize the soft law governance of data transaction security,adhering to the coordinated governance of soft and hard laws,and con-structing a security checklist management system of data transaction.Through a positive or nega-tive list,we should clarify the criminal responsibility of data transaction participants,establish a filtering level of"list,pre-law and criminal law",exert the function of negative lists in taking presump-tion of innocence,regulate and guide enterprises to carry out data transactions in accordance with the law and regulations,and achieve diversified criminal governance of data transaction security.
关键词
数据交易/清单制/负面清单/数据安全/治理转型
Key words
data transaction/checklist system/negative list/data security/governance transfor-mation
维普
万方数据