Oppose data hegemony to improve data security governance capabilities

【Insight】

In the information age, in the context of data as an important production factor, social wealth and strategic resources, some Western countries led by the United States pursue "data hegemony" and serve as "data police" all over the world. Double standards, only my respect. We should adhere to the overall outlook on national security, be vigilant for data hegemonism, continuously improve data security governance capabilities, defend data sovereignty, and promote foreign rule of law.

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In 2018, the United States passed the "Clarifying the Legal Data Act of Overseas" (later referred to as the "Cloud Act"). Communication and remote computing service providers disclosed domestic and overseas data controlled by the control of the control of the United States; This kind of acquisition right is two -way. For example, in 2019 and 2021, the United States signed the "Cloud Act" agreement with the United Kingdom and Australia. But this kind of two -way nature is extremely harsh. The United States can force its companies to provide data collected and stored in any country in accordance with the "Cloud Act", but if other countries want to collect data in the United States, they will be limited by the "Cloud Act" layer by layer. It must not only meet the more than ten harsh conditions of the "qualified foreign government", but also pass the multi -round review of the United States and eventually determine it; even if the agreement is signed, the procedures for retracting data from the United States are extremely complicated and complicated. Long, there is a risk of rejection at any time. It can be seen that in terms of data resources, the United States implements "long -arm jurisdiction" on data from other countries; in terms of data sovereignty, the United States implements dual standards; in "data diplomacy", the United States pursues data hegemonism.

In fact, the "data hegemonism" in the United States is no longer news, and the predecessor of "data police" is "data theft." At least since 2007, the National Security Agency has begun implementing the "Prism program" of the Electronic Supervision Plan for the Electronic Supervision Plan to provide data for the Presidential Daily Briefing. After being exposed in 2013, countries have condemned the United States to steal the data of other countries and erode other countries' sovereignty, but the United States still does not give up "data hegemony." On the one hand, the United States strongly promotes data inflows into its country, such as the "US -Mexico -Canada Three Kingdoms Agreement" signed in 2020, on the surface to ensure that data cross -border transmission is free, which is actually convenient for data flow to the United States. The legislation such as the Financial Services Modernization Act "" Family Education Rights and Privacy Acts "has given the corresponding data on the corresponding data. On the other hand, the United States is trying to prevent data from flowing out. For example, in 2020, the United States adopts the so -called "clean network plan". While the data software and hardware "de -Sinicization" is used to further restrict data through national security exceptions to be visited abroad and "non -Americans" visit Essence In addition, the "Made in the United States" is accompanied by users and environmental data collection while transporting countries and environmental data. It is not doubt whether it will provide the US government.

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Data hegemonism is often confusing in equality, cooperation, freedom, democracy, rule of law, security. Be wary of data hegemony and say no to data hegemony, you must recognize its essence, form and harm.

The essence of American data hegemony is "US priority" and data colonialism. Following the political hegemony, military hegemony, economic hegemony, cultural hegemony, public opinion hegemony, science and technology hegemony, the United States has begun to promote data hegemony. Data hegemony is an emerging form based on many former former, and it pays special attention to the combination of science and technology hegemony. The depth analysis of data will be derived far beyond the value of the data itself, and can even play a great control role. The power to dominate data not only involves the development of scientific and technological development of big data, artificial intelligence, 5G, the Internet of Things, and cloud computing, but also includes comprehensive utilization of personal privacy, social dynamics, and even national machine information. After being monopolized by a country, they will produce the wealth of other countries, the control of ideology, and even the subversion of the regime, and the slavery of the nation.

In addition to manifestations of long -arm jurisdiction, bilateral or multi -party agreements, data hegemony also has unilateral or joint sanctions and malicious control. The United States and its allies play "data security" cards, and some Chinese technology products are suspected of stealing data. If they are threatening national security, Huawei and 70 related companies are included in the US "entity list" ban. Later, it is also called Chinese -made drones to have data risks and issue "threat warnings" to Chinese equipment. In fact, in terms of China's 5G technology and artificial intelligence industries, the United States shows that it is rather than technology or data hegemony. It is better to allow only "one -family" technology or data panic.

Data hegemony hinders countries to realize data benefits and share scientific and technological progress dividends, and even endangers national sovereignty, causing the world's diversified and stable order. Data hegemony such as "Pioneer Sovereignty" and "Volkswagen" has nothing to do with international justice, only to serve US private interests; unrelated global development, only to safeguard the US hegemony. The United States imposes its data standards to people, suppresss other countries, and "Shunchang's death" will restrict and deprive the data sovereignty, network sovereignty, and even national sovereignty. In particular, the majority of developing countries will lose the opportunity to develop the digital economy and use the advantages of post -development, and the unbalanced development of the world will intensify.

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China is not the "data hegemony country", but it must not become a "data attached country". Opposing data hegemony and defending data sovereignty should uphold the data view of data sovereignty, data security flow, and desensitized data sharing, and explore the data governance rules that can win the widest country. Establish a data security concept. General Secretary Xi Jinping pointed out that "there is no national security without network security", "to effectively protect national data security. We must strengthen the security protection of key information infrastructure, strengthen national key data resources protection capabilities, and enhance data security early warning and traceability." Data security is the foundation of network space security. It not only involves individual information rights, property rights, but also involves group interests and national security. In 2020, the Chinese government launched the Global Data Security Initiative, based on the principle of respect for the equal equality of network space sovereignty, starting from the concept of building a community of human destiny, and promoting the formulation of global data governance rules. The security of data stated in China is different from the "prevention of data risks" of data hegemony. The latter often blame for no reason and conducts the so -called blockade and sanctions in a targeted manner. China's data security concept adheres to the overall national security concept, and aims to establish and improve the data security governance system and improve the capacity of data security.

Establish data sovereignty. General Secretary Xi Jinping pointed out that "the principle of sovereignty equality established by the United Nations Charter is the basic criteria for contemporary international relations, covering all fields of national and state exchanges, and its principles and spirit should also be applicable to network space." Data sovereignty, as a special type of network sovereignty, is also established. China has always been a firm claim and supporter of network sovereignty. It opposes the jurisdiction of data long -arms. Because it belongs to the expansion jurisdiction of international law, it ignores the judicial or law enforcement sovereignty of a country, and even interfere with other countries' sovereignty. In 2015, the "Outline for Promoting Big Data Development Action" issued by the State Council first expressed "data sovereignty" from the official level, requiring enhancement of network space data sovereignty protection capabilities and maintaining national security.

Protect local data, standardize data cross -border flow, and achieve balance between the two. We oppose data hegemony, while taking into account data security and free flow through data grading management, localization of some data, and some data outbound security review. The "Cyber ​​Security Review Measures" implemented from February 15, 2022 will increase the requirements for data processing activities and mastering a large number of personal information network platform operators to go public to go public for data security review to prevent Chinese users from analyzing and surveillance in other countries. Chinese tools. This is not only a manifestation of data sovereignty, but also conducive to ensuring data security flow to the greatest extent. At the same time, it will help supporting data security laws, network security laws, personal information protection laws, etc., and build a improvement of data security governance system.

Promote data from foreign rule of law. General Secretary Xi Jinping pointed out that "the global governance system is in a critical period of adjustment and change. We must actively participate in the formulation of international rules and be participants, promoters, and leaders of the global governance reform process." At present, when processing data cross -border flow, developed countries are the rules of the absolute advantage.应加快数据涉外法治工作战略布局，以我国根本利益以及多数国家共同利益为基本出发点，同时考虑与发达国家规则的结合点，积极影响、参与乃至主导形成数据规则的国际治理框架，达致平等、 Mutual data governance pattern. At the same time, the formulation of bilateral protocols and multilateral treaties to actively promote the transformation of global cooperation governance models with more regional rules.

(Author: Tian Linan, an assistant and associate professor at the President of the Law School of the People's Public Security University of China)

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