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International Journal of Frontiers in Sociology, 2023, 5(16); doi: 10.25236/IJFS.2023.051613.

Data flow legislation: practical exploration and suggestions for improvement

Author(s)

Wanpeng Lu

Corresponding Author:
Wanpeng Lu
Affiliation(s)

People's Public Security University of China, Beijing, China

Abstract

As a new type of production factor, data has become an important resource to promote China's economic growth and social progress. The value of data lies in circulation, and data circulation is the pivotal link in the construction of data factor market. Currently, China's data factor market construction is developing rapidly, but there are many problems in the process of data circulation, such as difficulty in defining data ownership, high cost and risk of circulation, data monopoly, data leakage, unfair competition, etc., which impede the full release of the value of data factors. Improving the rules of data circulation through data circulation legislation is a key step in solving many problems. Data circulation legislation should follow the principles of fairness, safety and controllability, and efficiency and protection, on the basis of which it should define the rules of data ownership, strengthen the articulation of legal norms at all levels, improve the system of traceability of responsibility, and build a system of rules for data circulation, which is the way to promote the efficient circulation of data elements, stimulate the vitality of the data element market, and promote the prosperous development of the digital economy.

Keywords

data elements; data flow legislation; data flow rules

Cite This Paper

Wanpeng Lu. Data flow legislation: practical exploration and suggestions for improvement. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 16: 80-90. https://doi.org/10.25236/IJFS.2023.051613.

References

[1] Xiao Xu and Qi Yudong, "The Value Attributes of Data Elements," in Economic and Management Research, Vol. 4, No. 4, 2021, p. 74.

[2] Du Zhenhua, "The Relationship between Government Data Openness and Innovation-Driven Economic Growth," in Journal of Capital Normal University (Social Science Edition), No. 2, 2020, p. 63.

[3] Weng Xiexie, "Accelerating the Marketization of Data Elements to Give Full Play to the Role of Data Elements," in China Economic and Trade Herald, Vol. 3, No. 3, 2022, p. 31.

[4] See Security Research Institute of China Academy of Information and Communication Research, Research Report on Data Security Assurance under the Perspective of Data Element Circulation, December 2022.

[5] Shi Dan, "Research on Data Ownership and Its Protection Path in the Era of Big Data," in Journal of Xi'an Jiaotong University (Social Science Edition), No. 3, 2018, p. 84.

[6] Gao Fuping, "The Theory of Data Circulation the Basis of the Rights Allocation of Data Resources," in Zhongwai Jurisprudence, Vol. 6, No. 1, 2019, p. 1412.

[7] Feng Zhe, "Thinking and Exploring the Rules of Data Element Circulation--Taking Industrial Data as a Perspective," in Science, Technology and Law (in Chinese and English), No. 3, 2023, p. 35.

[8] Huang Lihua, Dou Yifan, and Guo Mengke, "Characteristics of Data Products and Their Transaction Models in the Data Circulation Market," in Big Data, Vol. 3, No. 3, 2022, p. 3.

[9] Zhu Heliang and Wang Chunjuan, "Digital Economy Leads the High-Quality Development of Industries: Theory, Mechanism and Path", in Finance and Economics Theory and Practice, No. 5, 2020, p. 4.

[10] Wang Weiling, "Research on the Overall Framework and Development Path of China's Data Factor Market System," in E-Government 2023, p. 2.

[11] Zhou Hanhua, "Exploring the Way of Incentive-Compatible Personal Data Governance - The Legislative Direction of China's Personal Information Protection Law," in Legal Studies, No. 2, 2018, p. 17.

[12] Zhang Yongzhong and Zhang Baoshan, "Data Rights and Institutional Response in the Context of Constructing Data Factor Markets", in Journal of Shanghai University of Political Science and Law (Rule of Law Series), No. 4, 2022, p. 106.

[13] Ji Xiangfei, Hou See Security Research Institute of China Academy of Information and Communication Research, Research Report on Data Security Assurance under the Perspective of Data Element Circulation, December 2022 .

[14] Wang Rong, "Privacy and Competition: The Way to Balance the Order of Digital Economy," in Competition Policy Research, No. 6, 2017, p. 16.

[15] Chen Bing, Gu Dandan, "Rethinking and Reinventing the Rationale of Data Sharing in the Digital Economy--Taking the Examination of Data Typology as a Perspective," in Journal of Shanghai University of Finance and Economics, Vol. 2, No. 2, 2020, p. 135.