Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition ›› 2021, Vol. 34 ›› Issue (3): 18-26.DOI: 10.13766/j.bhsk.1008-2204.2021.0131

Previous Articles     Next Articles

Confrontation and China's Solution of Data Globalization and Data Sovereignty: Based on Data Security

HE Aoxuan   

  1. Law School, Beihang University, Beijing 100083, China
  • Received:2021-04-16 Published:2021-06-08

Abstract: The forming of data sovereignty is the inevitable result of cyber sovereignty extending to the data layer. It reflects the interests of national sovereignty, but with different ways of expression which may profoundly affect the efficiency and cost of data cross-border flows. Since the outbreak of many cybersecurity incidents such as the "Prism Gate", to maintain the national security, strengthen the protection of personal information, and promote the development of the digital economy, governments around the world have taken measures to regulate the cross-border flows of data, which has enacted the US "CLOUD Act" and other institutional designs to extend traditional jurisdiction to cyberspace. These changes have profoundly challenged the order of cyberspace, and emerging market countries, such as India, who have responded via data localization measures. Since data security belongs to the category of non-traditional security. China should insist on the security of data flow, improve unified legislation on data cross-border flow, actively initiate international cooperation in term of international governance of data flow, manage to integrate into the process of data globalization in a more constructive manner.

Key words: data sovereignty, data cross-board flow, data security, data localization, data governance

CLC Number: