Research On The Regulatory System Of Data Trading Platform From The Perspective Of Cybersecurity

The Fourth Plenary Session of the 19 th Central Committee listed data as the fifth factor of production for the first time,and participated in the market allocation together with land,labor,capital and technology as the basic factors of production.The continuous improvement of data factor market makes the same data may show different value attributes in different application scenarios.Administrative decision making,industrial analysis,ecological protection,etc.are inseparable from the assistance of data and algorithms,especially the economic value of data will lead a new round of market changes and technological innovation.With the addition of commodity attributes,data can circulate freely in the relevant market.In this process,data types,circulation methods and transaction subjects should be strictly restricted,or else data security problems or systematic financial risks may be triggered.Data trading platform has been born under the boost of industrial policy and industry development,and the country has set up national-level big data comprehensive pilot zones in Guizhou,Beijing and Guangdong,with a view to regulating data market trading behavior and making it a new engine to drive national economic development.Data trading platforms were initially positioned as intermediary service organizations,which do not produce or intercept data themselves and mainly provide transaction intermediary services for the supply and demand sides of the data market.With the expansion of data application fields,the platform business gradually extends to data management,model algorithms,visualization and analysis.As a market operator,the inherent profit-making nature of the data trading platform makes it gradually deviate from its neutrality presumption,and the resulting cybersecurity issues are of great concern.Objectively speaking,there are advantages and disadvantages of platform operation under different regulatory models.Administrative regulation relying on public power can maximize the freedom from interference by external factors and ensure the impartiality of regulatory results under the guidance of due process,but the competent departments need to pay high regulatory costs for this purpose,even so,limited by the ability to obtain information and data processing technology,good regulatory results are not achieved in practice.In contrast,self-regulation has obvious advantages in terms of timeliness,professionalism and comparative costs,but the lack of credibility of regulatory results is its inherent defect that is difficult to overcome.At present,the supervision of data trading platforms in China is still dominated by administrative supervision,supplemented by self-regulation.With the expansion of data application scenarios and platform functions,the current regulatory system has been unable to meet the needs of users for network security and is in urgent need of adjustment.China’s exploration of the data trading platform regulatory model has never stopped,and the competent departments actively formulate relevant industrial policies and raise special legislation in order to regulate data trading and make the industry regulation based on the law.In response to the call of the central government,local governments have set up provincial data management departments one after another through institutional reform to facilitate data collection while sharing the pressure of supervision.Even so,the desired regulatory effect has not been achieved,and the lack of operability of regulatory rules,unreasonable configuration of regulatory powers,and insufficient enforcement of regulatory results have kept platform regulation at the formal level,and illegal data transactions have been repeatedly prohibited and network security issues have become increasingly prominent.In the face of the problems revealed in the regulatory process,the competent authorities can improve it by taking into account the extra-territorial experience.Firstly,to build a modern regulatory system by establishing regulatory subjects,improving regulatory rules and allocating regulatory responsibilities;secondly,to clarify specific regulatory work,including market access conditions,data quality standards,data pricing schemes,etc.;finally,to change the traditional regulatory approach,coordinate the functions of regulatory subjects,reasonably allocate regulatory authority,strengthen information disclosure and introduce social supervision.Under the perspective of network security,there is still a big gap between the regulation of data trading platform and the market development needs in China,which requires the competent departments to continue to improve the regulatory system in conjunction with the actual development of the platform.