Legal System Of Data Sovereignty And Its Perfection In The Context Of Cross-Border Data Circulation

With the development of mobile Internet,the popularization of cloud computing infrastructure,and breakthroughs in digital computing technology,data is comparable to petroleum,which has gradually become the new "energy" for social development.Data resources have increasingly become national strategic resources.The focus of global competition is shifting from contention for goods and materials to data control.But individual data cannot be used by large-scale social production.The value of data can be discovered to the fullest only through the data chain formed by circulation.However,with the outbreak of the Snowden incident,data protection has gradually become a global topic.How to balance the relationship between the commercial use of data and the data security in the process of storage and circulation has also become a problem facing us.In order to respond to the protection of personal information and the development of technological innovation,countries have actively explored it at the legislative level.This article is based on the cross-border circulation of data.It aims to clarify the concept,characteristics,and value of data sovereignty.By comparing the current status of data sovereignty between major countries(regions)and between them,the main characteristics and value choices of different institutions are sorted out to find the boundary of data sovereignty and provide some reference for the establishment and protection of data sovereignty in China.The main discussions in this article are as follows:The first chapter mainly explores the theoretical basis and related concepts of data sovereignty.Sovereign theory faces serious challenges in the era of big data,and is subject to double risks from technology and business.In this context,although there are some voices that deny data sovereignty,the establishment of data sovereignty is inevitable-not only an inevitable requirement for sovereign states to maintain their authority and legitimacy,but also the independence and cooperation of national sovereignty The important carrier is the strategic need to effectively regulate the cross-border data flow.Furthermore,the basic concepts of data sovereignty are defined.Specifically,there exists a conflict of subjective powers in data sovereignty.In essence,data sovereignty includes data control rights and data management rights.Chapter II is essentially looking for the boundaries of data sovereignty,to understand the basis on which data flowing across borders are included in the jurisdiction of sovereignty.The first section focuses on the data sovereignty legislation at the national level.From the current data sovereignty legislation practices in various countries around the world,it summarizes the two main standards of current cross-border data circulation regulations-the "data storage place" standard and the "data controller ",And the case of the legislation of Russia and the United States as a specific case,showing the origin,development and actual differences of national legislation under the two standards.Then,based on these two different standards,think about the protection of data sovereignty at the national level.At present,the two standards have a trend of integration.The choice of different standards is basically based on national interests.The second section discusses data sovereignty in international cooperation.The purpose is to show different data sovereignty boundaries from different perspectives.In this part,the first is the interpretation of the EU as a special subject.The EU advocates the free circulation of data in the region,while the EU outside the region establishes strict data circulation standards through GDPR.The second is to take the cooperation between Europe,America,and Asia Pacific as an example,and introduce bilateral and multilateral cooperation such as the Safe Harbor Agreement,the Privacy Shield Agreement,the Trans-Pacific Partnership Agreement,and the APEC Cross-Border Privacy Rule System.Mechanism to show different legislative orientations and cooperation needs.The third chapter discusses the status quo and deficiencies of China's data sovereignty system on the basis of combing foreign legislative practices.At the outset,we will sort out the current state of legislation on data sovereignty in China and take the recently implemented Article 37 of the "Network Security Law" as an example to specifically explain China's current data sovereignty protection tendency and position.On this basis,consider the deficiencies of China's current regulations on cross-border data circulation,including the institutional flaws of data sovereignty,the excessive localization of data in legislation,the unclear security assessment rules,and the lack of international cooperation mechanisms.It also analyzes the focus of data sovereignty protection.It is necessary to consider not only the relationship between data circulation and data privacy protection,but also the key role played by data controllers,multinational Internet companies,in data circulation.The fourth chapter is based on the experience of foreign countries,and tries to propose how to strengthen the protection of data sovereignty in China for a period of time from the basic principles and feasible measures.The specific principles mainly include the data security principle,the necessary moderation principle,and the principle of balance of interests.The feasibility measures are carried out from the two aspects of domestic law construction and national cooperation.The construction of domestic laws on data sovereignty mainly includes the formulation and improvement of data sovereignty legislation,adherence to data storage standards and adopting controller standards,improving the cross-border data circulation security assessment rule system,and effectively establishing data controller obligations and data sharing.In the future international cooperation on data sovereignty,we must strengthen the right to formulate relevant rules and the right to speak,and promote the construction of a community of destiny online.