The so -called dynamic safety,refers to recognition、Maintenance and promotion of data use as the premise,Through standardized data processing activities,Reasonable control risk,Maintenance data security。June 2021 "Data Security Law" officially promulgated,It marks that my country has entered a new historical stage in the construction of data security and legal systems。"Data Security Law" establishes a set of data security legal system,For data processors, multiple data security legal obligations,And data security and development、The coordination and coordination mechanism between the security of government data and the coordination and coordination mechanism of government data has made corresponding regulations。Understand data security from the perspective of dynamic security,is the key to accurately interpret the "Data Security Law"。
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"Data Security Law" defines data security as "data in effective protection and legal use,and the ability to ensure a sustainable and safe state ",This definition is when emphasizing "effective protection",Highlighting "Legal use",This can be seen,The data security maintained by the "Data Security Law" in my country is not static security,but dynamic security,Not only the safety stored storage,Instead, it refers to the collection of data、Storage、Use、Processing、Transmission、Provide、Public、Destruction and other aspects of the whole life cycle security。
Data security is different from information confidential。Data is a record of information in electronics or other ways。From the information Bet365 app download content reflected by the data,belonging to the state secret,The laws such as the Conservative State Secret Law should be applied、Regulations on administrative regulations; belong to business secrets and personal privacy,The relevant provisions of the laws and civil codes that protect business secrets should be applied,and a large number of data that neither belongs to state secret nor belongs to business secrets or personal privacy,Although it does not involve confidential issues,But the data processing process should still be applicable to the "Data Security Law"。The significance of distinguishing data and information is also lies in,For many data,Only a single data is isolated、The information reflected in the static state is concerned,Maybe there is no secret or sensitivity to speak,But,Under a specific application scenario,or combined with other large -scale decentralized data to perform big data analysis,It is possible to dig out from it to affect national security、Information about public safety and private civil rights。
Protecting data security is different from the "guarantee of network data in the" Cyber Security Law ".、Confidentiality、Available "。Data security in the background of "Network Security Law" mainly emphasizes preventing data leaks、Destruction、Tampered with or unauthorized access,Data security in the background of "Data Security Law" except for the above -mentioned protective content,Also emphasizes data use、Security in data circulation,It is based on data that data may be used by others,To regulate data transaction、Data abuse is prohibited as a means,Preventing others through data processing activities to endanger national security、Public safety and private civil rights。
Legislative purpose of data security
"Data Security Law" 1 stipulates: "In order bet365 best casino games to regulate data processing activities,Guarantee data security,Promoting data development and utilization,Protect individual、The legitimate rights and interests of the organization,Maintaining national sovereignty、Security and development benefits,Develop this law。"The" Data Security Law "in my country is called data security,But the data security is not used as the only legislative purpose of the law,No data use in the name of ensuring data security,Instead, it emphasizes "use data development and utilization and industrial development to promote data security",and there are a large number of terms involving the content that promotes data utilization and open government data。In today's era,With the Internet、Big Data、The widely used application of modern information technology represented by artificial intelligence,Today's society is accelerating into informationization、Digital Age。Especially with 5G technology and industrial Internet、Development of the Internet of Things,All kinds of smart sensors are all over human production、All corners of life,The era of the interconnection of all things is coming,Whether it is human physiological state、Natural environment monitoring indicators,Still people engaged in politics、All aspects of economic and social life,Almost all can be achieved "data",and it can be very low cost to achieve data collection、Transmission、Integration and analysis。Data is not just the elements of the digital economy,Instead, it has become a factor in the normal operation of a smart society。In the era of big data today,Static state is no longer the normal state of data,flow、Utilization and other dynamic forms are the normal state of data,By suppressing the flow of data、The purpose of using data security Bet365 lotto review is unrealistic,Scientific data security legislation should be based on the reality that data needs fully use。
From the perspective of the interests of the legislation,"Data Security Law" not only gives national sovereignty、Security and development benefits are placed in an important position,and,Also emphasizes the maintenance of public safety,Protect individual、The legitimate rights and interests of the organization。Actually,From a dynamic perspective,National interest、Public interests and personal、The interests of the organization are not completely separated,Instead of affecting each other。Many cases at home and abroad indicate,When a large -scale personal data is illegally collected、During processing,Not only the individual's rights and interests that are infringed,Public safety and national security may also be affected。
Data classification hierarchical management system
In real life,Data is always generated at any time,Its types are complicated,Different application scenarios,Different interests involved,Stealing、Destruction、Different risks abuse,The consequences of the possible hazards are also different。If it is a uniform level of security guarantee for all types of data processing activities,So,It is likely to have a low protection level for some types of data,For other types of data, the level of protection is too high。Therefore,Differentialization is taken by classifying the data、Targeted regulation methods are very necessary。
my country's "Data Security Law" is an important extent based on data in economic and social development,and once tampered with、Destruction、Leak or illegally obtain、illegal use,For national security、Public interest or individual、The degree of harm caused by the legitimate rights and interests of the organization,Classified classification Bet365 app download of data。Data -based security purpose,Data can be divided into general data and important data,Legislators specify special protection measures for important data,Applying additional legal obligations to important data processors。For example,The processor of important data should clarify the person in charge of data security and management agency,and the obligation to evaluate the data security risk assessment in accordance with the law when conducting data processing activities,For general data processing, there is no clear specification in this area。other,"Data Security Law" is still based on the classification of important data,Those who are related to national security、National Economic Life pulse、Important people's livelihood、Data and other data of major public interests are determined as national core data,and take more stringent protection measures,Keep consistent with the safety risks it exists。What needs attention is,It is not evaluated based on the isolated state of the data when classifying the data,Instead, it is necessary to fully consider its application scenarios and the possible effects of the possible and generated effects with other data during the use of this type of data,Both qualitative analysis,Alignable analysis。Therefore,Division of data types also requires regular evaluation and dynamic adjustment。
Data security risk management system
Maintenance safety is a cost that requires cost,The data we are looking for is not an absolute security or a security at all costs,but a reasonable degree of security、Relatively safety,It is a management security based on risk calculation,It is the security that controls risks to the acceptable limit of society。The opposite of the security is risk,Therefore,We can understand data security from the perspective of risk,This Bet365 app download requires establishing a set of identification of data security risks、Evaluation、Report、Monitoring and early warning、Emergency disposal and information sharing mechanism。
As far as the evaluation mechanism,According to the requirements of the "Data Security Law" in my country,The processors of important data shall regularly carry out risk assessment on their data processing activities in accordance with regulations,and submit to the relevant authorities to the risk assessment report。Operators of key information infrastructure operators collected and generated in the operation of the people's Republic of China,Due to business needs,It really needs to be provided overseas,According to the requirements of the "Network Security Law",Safety assessment shall be performed; other data processors will collect and generate important data from the operation of the People's Republic of China,According to the provisions of the Data Security Law,Safety assessment should also be performed in accordance with relevant regulations。other,According to China's "Personal Information Protection Law (Draft)" in accordance with my country,Personal information processor handles sensitive personal information、Use personal information to perform automatic decision -making、Entrust personal information、Provide personal information to others、Public personal information,Provide personal information to overseas,Risk assessment should be conducted。For those data processing activities that endanger national security risks,According to the "Data Security Law", data security review should also be performed。The purpose of data security review is to ensure national security,The understanding of national security should be returned to the National Security Law,From the Bet365 app download overall national security perspective, the security risk that may exist in data processing activities。
As long as human society is constantly generated、Use data,So,The risk of data security will always exist。For this,We need to keep the consciousness of data security,Make full use of the various means provided by the Data Security Law,Accurately identify risk、Reasonable control risk。
(The author is a professor at the School of Law School of Beijing Aeronautics and Astronautics)
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