Building a Coordinated Regulatory Mechanism for Cross-Border Data Flows under the Holistic Approach to National Security
DOI:
https://doi.org/10.54097/kcrmh785Keywords:
Coordinated Regulatory Mechanism, Holistic Approach to National, Security Cross-Border Data FlowsAbstract
While cross-border data flows generate enormous development opportunities, they also pose unprecedented challenges to national security. Although China has initially established a legal framework for regulating cross-border data flows, its coordinated regulatory mechanism still suffers from an imperfect legal system, ineffective coordination, and incomplete supporting mechanisms for pre‑, in‑process, and post‑event regulation. These deficiencies undermine the effectiveness of national security safeguards and the sustainable development of the digital economy.Guided by the Holistic Approach to National Security, a sound legal framework for cross-border data flow regulation should be built by improving the multi‑level legal system, establishing a dynamic adjustment mechanism, and enhancing the synergy between domestic and international regulatory rules. A multi‑stakeholder coordinated regulatory mechanism should be established by clarifying the necessity of a unified regulatory authority and setting it up, creating a tiered collaborative supervision system that includes local authorities, industry regulators, industry associations, and third‑party service providers, and strengthening a social oversight network with anonymous protection and reward mechanisms. Pre‑event regulation should be reinforced through a combination of measures, including the formulation of industry‑differentiated standards and the adoption of negative lists. In‑process regulation should be enhanced by strengthening technical support and promoting technology application, so as to empower oversight through technology. Post‑event regulation should be advanced by optimizing the effect evaluation mechanism, strengthening the risk handling mechanism, and reinforcing the accountability mechanism for violations, thereby establishing a whole‑chain regulatory mechanism for cross‑border data flows.
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