The Power Allocation Of EU Data Supervision And Its Enlightenment

In the era of big data,data governance has become a common challenge for all countries in the world,and how to effectively supervise has become an urgent problem to be solved.The EU data regulatory power stems from the urgent need to protect personal data and regulate data giants.The power of data supervision originated in the European Convention on Human Rights(1950),was formally established in the Directive 95 /46 /EC(1995),and was further strengthened in the General Data Protection Regulation(2016).The main powers of EU data supervision are the European data protection supervisor(EDPS)at the EU level and the Supervisory Authorities at the member states level.Data supervision powers at the EU level are mainly vested to the European Data Protection Supervisor,which has the powers of supervision,consultation,advice and coordination and cooperation.With the power of data supervision,the European Data Protection Supervisor can supervise the collection and processing of personal data by government agencies,and can receive consultation and advice,supervise and coordinate the cooperation of data regulators in member countries and other relevant agencies in data protection.At the level of Member States gives data Supervisory Authorities to member states,including investigative,corrective,administrative penalty,etc.Data supervisory authority exercises the above data supervisory authority to supervise the collection and processing of personal data by data controllers and data processors,and can guide the establishment of certification system and promote self-regulation of the industry.By empowering these institutions with data supervision powers,the EU can not only protect personal data rights,safeguard the basic human rights of EU citizens,but also regulate the data service market and promote the sound development of the industry.Although the EU considers such factors as the impact of protecting personal data on the data industry in the allocation of data supervision powers,there are still some problems in the operation,such as too strict data supervision and insufficient legal preparation for the implementation of regulatory bodies.China's legislation regulated the power of data supervision.From the promulgation of the Decision on Maintaining Internet Security in 2000 to the implementation of the Network Security Law in 2017,China's legislation also gave some data supervision powers to government agencies.There is no denying that China's government agency has also been vested with data supervision powers by China's legislation.These powers,however,are relatively decentralized,and constantly underestimated by government agencies,which is not conducive to the protection of personal data.Therefore,our country needs more reasonable and systematic allocation of data supervision power.The allocation of data supervision power includes supervision power,investigation power and administrative penalty power,and requires the appointment of an existing agency or the establishment of a specialized agency to exercise these powers.The agency has a high administrative level and also needs to be responsible for guiding and supervising other government agencies to make rational use of the personal data they collect.In the allocation of power,we should also take into account the development of the data industry and the regulatory capacity of the regulatory agencies,so as to rationally allocate power.