Research On The National Data Sovereignty System

Development of information technology, has given way to the current world from further the era of Internet to the era of big data, raised new challenges to sovereignty and national security issues, especially the Snowdon event made the information security issues to be more complicated in the era of big data. But for the specific ways of national jurisdiction in cyberspace, our country still has alack of legal protection obviously. Under this background, this article studies the issues of legal protection for the national data sovereignty.The first part is introduction, mainly discusses the background and the significance of the legal protection for national data sovereignty, and reviewed the relevant research status. It should be said that, studying national data sovereignty in the era of big data, has a strong theoretical and practical significance, and the richness of relevant researches also provide lots of useful reference and ideas for this article.The second part discusses the origin and the definition national data sovereignty. The reason why the national data sovereignty issues become more and more serious is because the network information takes a series of new threats and challenges to the traditional system of national sovereignty. Therefore, in the first, it is necessary to define the concept of national data sovereignty to recognize that date sovereignty of a nation is the heart of the matter to maintain the nation sovereignty in cyberspace, so must we must recognize the contents of data sovereignty: the right of data control, the right of independent development of data technology industry, and the right of legislation for data.The third part analyzes the challenges and shortcomings of the national data sovereignty in our country. Big data which has characteristics of difficult to control makes the difficulty of the practice of national data sovereignty increases sharply, while the behaviors of hegemonic power further blocks and interferes of the construction of legal protection for data sovereignty in our country, then it also has some contradiction between the personal data rights and the national sovereignty. However, China's current legal protection cannot meet these challenges, legal system is not complete, specific contents of legal protection are also lack of pertinence, international cooperation is not sufficient, as well as the legal support to the development of information technology industry is not enough to deal with current challenges.The fourth part is the experiences of data sovereignty legal protection from foreign countries and areas, mainly about the legal safeguards in the United States, the European Union, Russia and Japan. It can be seen that development countries generally established basic legal system for data sovereignty, and they all put great emphasis on constructing a systematic legal system, they also dedicate to international cooperation.The fifth part recommends some advices to above problems, including rich the legislation system of national data sovereign, improve relevant implementation mechanisms, build the particular department, clarify the boundary of the protection for data sovereignty, establish the culture propaganda department for information security, and we also need to strengthen international cooperation, delineate the borders of data sovereignty, definite the object in data sovereignty legal protection, strengthen the judicial cooperation and the coordination of interests, finally it should also promote the innovation and development of information industry under the rule of law.