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Government Legal Regulation Of Systemic Access To Enterprise Data

Posted on:2020-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:R TaoFull Text:PDF
GTID:2416330575460963Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Today’s network data storage collection is mostly carried out by third-party enterprises.The government’s need to systematically access enterprise data is increasing due to the protection of network security or maintaining social stability.At the same time,a series of problems have arisen,ultimately jeopardize the business security and personal privacy of enterprises.In the existing research,most of the researchers stayed in a few simple analyses,and did not start from the existing legal system in China,and discussed the issue of systematic access to corporate data by the government.By combing the existing laws and regulations,this paper analyzes the access methods and new features of Chinese government departments when accessing enterprise data under the new situation,finds out the current problems,draws on foreign experience,and proposes on the basis of understanding the attributes of enterprise data rights.Suggestions for solving problems,improve relevant legislation,and regulate them.The data right of an enterprise consists of the data property rights of the enterprise and the data rights of the individual;the legal basis for the government to systematically access the enterprise data is the social obligation of the property right and the cooperative obligation of the opposite person.At present,in China’s legislation,there are problems in the government’s systematic access to enterprise data,such as insufficient access conditions,lack of access rights,and lack of transparency in access procedures.In the United States,the issue of systematic access to corporate data by the government is often limited to different levels depending on the type of data,and special authorization is obtained through national correspondence and data sharing agreements of government enterprises.In view of the existing problems in China,I believe that China should improve the legal basis in this field,clarify the relevant laws and regulations and conditions,and establish a suitable review mechanism.
Keywords/Search Tags:government systematic access, companies’ data, accessing the data
PDF Full Text Request
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