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Legal Research On National Data Sovereignty

Posted on:2020-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y T WangFull Text:PDF
GTID:2416330578951183Subject:International Law
Abstract/Summary:PDF Full Text Request
Most countries and regions in the world have entered the era of big data With the rapid development of science and technology in the Internet field.With the rapid expansion of network data volume and the ability of data collection and processing is evolving at an unprecedented speed,Everything in physical space will be transformed into data in a foreseeable time.After Snowden's Revelations,countries are re-examining the protection of their data.However,computer network data is still a new thing for China,which is a rising star in technology.It lags far behind developed countries in Europe and America in the construction of data legal system.The creation of this paper comes at a time when the Clarifying Lawful Overseas Use of Data Act and the General Data Protection Regulation come into force.China is facing a more serious situation in competing with data powers for the right to speak in system construction and safeguarding national security.Based on this background,this paper studies the legal system of national data sovereignty.The first part at the beginning of the article clearly defined the scope of data and data rights.The data in this paper is the computer code that carries important information in the network space.With the rapid development of the Internet,more and more subjects load their own interests onto the data in the cyberspace,making the data have different rights.According to the power attribute of data,the state incorporates data into specific legal relationships and legal departments in the domestic legal system.In the face of fierce competition between countries in terms of power of data control and rule setting,this section validates data sovereignty and demonstrates the necessity and legitimacy of the existence of national data sovereignty.The second part analyzes the content and system of national data sovereignty.The theoretical basis of data sovereignty is national sovereignty,which includes the ownership of national data and data jurisdiction.Ownership of national data is a form of public ownership,with legislative,judicial and administrative ownership.National data jurisdiction includes territorial jurisdiction and extraterritorial jurisdiction.The state has the highest authority over data within its territory and jurisdiction over data located outside its territory on the basis of nationality.Considering the comprehensiveness of jurisdiction,countries often adopt localized data storage and long-arm jurisdiction rules.So,theimprovement of data sovereignty system requires continuous consultation and cooperation between countries.The third part,on the basis of clarifying the theory of national data sovereignty above,examines the data sovereignty system contents of two members of the international community with the most advanced technology,the most perfect system and the strongest innovation ability,and namely,the United States and the European Union.Taking time as a clue,this paper studies the formation and institutional evolution of European and American data sovereignty and explores the transformation process from information content protection to data protection as a new carrier of information.When the European and American data sovereignty system was established,conflicts between sovereignty and data subject rights and sovereignty occurred many times.The conflict between power and right and power will be further escalated by examining the most influential new system,the CLOUD and the GDPR.The fourth part analyzes the defects of China's current data sovereignty system construction,and its weaknesses mainly lie in the absence of legislation,imperfect regulatory system and the lack of external connection of data governance mechanism.Based on the above theoretical analysis of data sovereignty system and the discussion of European and American systems,the urgent task of our country is to clarify the scope of network boundaries and exercise legislative power within this network territory to establish specific legal basis and management system of data sovereignty.Finally,with China's national conditions and national interests as the starting point,China actively participates in international cooperation and promotes the establishment of a mechanism of data co-governance.
Keywords/Search Tags:Data Sovereignty, Data Localization, Cross-border Data Flow, Extraterritorial Jurisdiction
PDF Full Text Request
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