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Research On International Legal System Of Data Sovereignty

Posted on:2022-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q LuoFull Text:PDF
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The arrival of the era of big data poses a new challenge to the traditional theory of national sovereignty.With the rapid development of science and technology,the free flow of data within the jurisdiction of sovereign States meets the needs of the rapid growth of global economy,but it has disadvantages that may infringe on national sovereignty and individual rights and interests.The international community is constantly contending for data resources,and the data flow leads to the conflict of multiple jurisdictions of data,and even faces the threat of data hegemonism.For the purpose of safeguarding national sovereignty,countries have signed international treaties or formulated their own data protection laws according to their own data control capabilities and data resource needs,thus the concept of data sovereignty came into being.Based on the guidance of the basic principles of international law and within the framework of national sovereignty theory,this paper focuses on the definition of data sovereignty and the game of data sovereignty among countries,and fully studies the three models of data sovereignty theory and the legal system of practice,Based on the concept of international cooperation,this paper explores the strategies to deal with the challenges,and puts forward the reflection and Prospect of safeguarding China's data sovereignty.It aims to promote the international community to reach a consensus on data sovereignty,explore the formulation of international uniform rules and provide legal protection for them,put an end to data hegemony dominated by data resource powers,and create a new order of international data security governance on the basis of fully respecting other countries' data sovereignty.In addition to the introduction and conclusion,this paper is divided into five parts:The first part is the theoretical overview of data sovereignty.The concept of data sovereignty has always been the focus of controversy in academic circles.Based on the definition of the basic concept of data sovereignty,this part discusses the basic principles and theoretical models of international law involved in the legal system of data sovereignty,which paves the way for the next part to further analyze the practice of the legal system of data sovereignty in international society.The second part is an international investigation of the legal system of data sovereignty.The legal system of data sovereignty mainly includes data classification management system,data examination and disclosure system and data extraterritorial jurisdiction system.This part firstly gives a general overview of the legal system to analyze the legislative practice of international organizations,bilateral treaties and extraterritorial countries' data sovereignty system.The legislative practice of the international community has selected typical representatives,and compared and summarized the different value orientations of their respective data sovereignty legal systems comprehensively,which has enlightenment significance.The third part analyzes the key issues of data sovereignty.From the legislative practice in the previous part,it can be concluded that the current legal system of data sovereignty in the international community constitutes two different ways of practical expression,namely,data localized storage and data cross-border flow.Clarifying the relationship between the two and finding a balance between data protection and data freedom are the issues that the academic circles need to focus on.The fourth part is to summarize the challenges and countermeasures faced by the international legal system of data sovereignty.The conflict of data multi-jurisdiction can be solved by defining the scope of data jurisdiction and formulating the data cross-border flow security protocol.Facing the threat of data hegemonism,the international community needs to actively explore the data sovereignty cooperation mode.To deal with the loopholes in data technology itself,we can improve the data protection supervision mechanism from the legal level to protect data security and maintain data sovereignty.The fifth part points out the current situation and problems of data sovereignty legislation in China,draws lessons from the legislation practice of the legal system of data sovereignty abroad,compares and summarizes the problems faced by China and puts forward corresponding suggestions for improvement,hoping to make a modest contribution to the research of the legal system of data sovereignty in China.
Keywords/Search Tags:Data sovereignty, Cross border data flow, Data localization, Sovereignty, International law
PDF Full Text Request
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