Building credible and controllable data security rule of law
November 09, 2023 09:59 Source: "China Social Sciences", November 9, 2023, Issue 2769, Issue 2769

Now,Data has been regarded as land、Labor、Capital、Production element in side of traditional elements such as technology。Especially with the rise of big data technology,Data Gathering into a "hard demand"。With the support of computing power resources,Methods and methods of data investment in continuous innovation,Data processing scale expands sharply,Become the development of the digital economy、New industrialization transformation and the important technical foundation and driving force of the high -quality growth of the entire economic and social growth。Now,Big data technology has been widely used in finance、Medical、Social、IoT、Commercial Smart、Public services and law enforcement justice and other fields,Give enterprise、Government and society bring unprecedented opportunities,But at the same time, it also attracted much attention due to the attached data security risk。

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It is necessary to transform from simply technology to convert to stable economic and social growth driving force,Need to be in the entire process and field of big data technology,Provide data processors with stable and expected basic support and directional guidance。For this,Active legislative or issued policies for the Central and local and localities,Strengthen the support of the big data industry and applications,Exploration to open data circulation barriers。but,According to the "Digital China Development Report (2022)" released by the National Internet Information Office Bet365 lotto review in May 2023,Digital Infrastructure Interconnection、Share use still faces many difficult points,Data basic system and standard system are not yet complete。

Not only that,In big data technology、In the process of collaborative evolution of the data industry and economy and society,The negative effects on the application of new technology also continue to appear。Big data technology applications require a lot of computing resources for training and operation,Collection of massive data、Storage and processing,Platform monopoly、Data gutter、Algorithm black box and other issues become public opinion and control focus。Many big data application products need to collect personal identity、Contact information、Chat Record、Search for a lot of personal information including history, etc.,These data are leaked or used maliciously,will threaten personal privacy and property、Personal safety。Mass or specific group data leaks and uses hostile forces,It will also seriously affect national security。But,At the institutional level,"Network Security Law", "Data Security Law", "Personal Information Protection Law" and other laws and a series、Data security and personal information security make principle regulations,But the data security risk enlarged by the application of big data technology,The existing specifications are lacking while operating,I did not leave enough to deal with new things、Elasticity of new problems。

Big data empowerment,There is still a phenomenon of hidden empowerment worthy of vigilance。Berham Russell pointed out in the book "Theory of Power","The main reason for the changes in the modern world is the right to increase our industry that science has given us"。The emergence of big data technology,It will undoubtedly produce a Bet365 lotto review "technical empowerment" effect on the processor of big data, especially the public power agency (including a third party as a data possession and control subject。For example,The field of criminal investigation with extremely prominent criminal investigation in the big data empowerment,Due to the improvement of data collection and analytical ability,The depth and breadth of investigation activities implemented by the investigation agency during the initial investigation stage are unprecedented,It even existed in the situation of "the reality of technical investigation in the name of investigation technology" "Investigation in the name of the initial investigation"。In recent years, the legislation has strengthened the supervision of public power agencies for social big data processing behavior,But open on the supervisor's own big data processing behavior,Usually only the purpose and proportional requirements of the purpose and proportional requirements in the processing principle,Lack of detail design,Mainly hope that it will formulate internal regulation procedures to implement spontaneous management。and from the practical level,If it does not cause serious consequences or cause public opinion,It is also difficult for the outside world to supervise the big data processing behavior of public power institutions。

 Scientific legislation is an important barrier for data security 

While becoming bigger and stronger data industry,Must build credible and controllable data security barriers。Respect the actual and objective laws of the industry,Solve development and security with scientific legislation、Double demand for strengthening empowerment and restrictions,escort for data circulation protection,Weaving Data Security Protection Network,Has Bet365 lotto review urgency and feasibility。

First, continue to release big data technology empowerment effects,Promote industrial upgrading in the form of a special legislative,Unnecessary restraint in data transfer and utilization,Improve the competitive advantage of my country's big data industry in the world。The 2021 Legislative Work Plan formulated by the Standing Committee of the National People's Congress has requested to speed up the relevant legislation involved in new technologies and new applications such as big data。The value of the data lies in circulation、Use,instead of collecting。But it is difficult to solve the problem of data ownership in the current legal system,Data legislation at the national level is mainly data security、Personal information protection、Information content management and algorithm system is weak,Lack of specific institutional design that promotes data circulation and utilization,Make enterprises and other subjects look forward to it when using big data technology for data processing、踌 前。For the value of the data element,Personal information rights and data security red lines defined by laws such as the "Personal Information Protection Law", "Data Security Law" and "Network Security Law" should be,Establish an institutional framework based on encouraging big data use,Promote the application of national big data technology application management legislation。It is necessary to adopt the "small incision" special legislative method in the current field of network -related fields,Develop the "Big Data Industry Promotion Law",Taking the large cycle of data resources as the goal,Taking practicality and operability as a key,Disposable disputes that bypass data ownership,Bet365 app download A sound data management institutional mechanism around the actual needs of the application of big data technology。Must open the key link one by one,Efforts to eliminate obstructing data resources to cross -level integration of cross -regional cross -sector integration、Bar obstacles for shared use,Therefore, it provides a strong institutional guarantee for the big data industry。

The second is to continuously compress the technology empowerment space。To prevent the potential risks that the scientific and technological activities may bring,The alert person will use advanced technology for illegal crimes,Ensure the correct direction of scientific and technological innovation,But also to prevent regulators from using advanced technology to overlook。Big data technology helps achieve precision social governance,But without restrained big data social governance or social governance that relies too much on big data,It is easily dataized or materialized by governing objects,All will bring a series of social problems,In the end, it will form a reflection on public safety and even national security。So,Promote the development of the big data industry through scientific legislation,Must register the temptation of benefits caused by the application of big data technology,Avoid the frequency of behavior of breaking the current regulatory power boundary。It is necessary to establish a full traceable regulatory measures and regulatory procedures for the application of big data technology applications (including big data supervision) of government departments,Improve the report or filing of the application behavior of big data technology in government departments、Regular inspections or spot checks,and improve the punishment of the bet365 best casino games person responsible for the abuse of big data technology behavior and data leakage incident。

Third is to improve the relief strength of "disabled" for big data applications。Current legislation attaches great importance to the data controller and processor advantage established by big data technology,and reducing the data gap through the supervision of the two、Data Monopoly,and block data advantages for politics、erosion of economic and social order。but,Algorithm values ​​in the final analysis are still human values。Limited rationality of a person shows that the big data technology invented by the invention can only approach the perfection infinitely,But the calculation result caused by this is lost and the damage caused by the individual or organization is,But it is difficult to get the attention you deserve。errors in the application of big data technology,Establish a simple relief procedure similar to the acceptance of the lounge,Guarantee of the legitimate rights and interests of those who "disabled" due to the failure of big data,can big data technology applications truly benefit every ordinary citizen,Beware of people's basic rights to be drowned by data labels。

Dohaies and future of big data technology,The interaction relationship of the two major themes of the rule of law and scientificization of contemporary society。Under the framework of the rule of law,more actively embrace and more responsible review of new technologies,Between technical empowerment and technical empowerment,Firmly support technology empowerment,Limit the technology "outside the law" with more advanced technologies and better systems,is the best choice for modern information technology represented by legislative supervision。

  (Research on the Construction of the rule of law system for network information security supervision "(2021&ZD194) Staged results) 

(The author is a professor of the Internet Space Security and Law Innovation Center of the People's Public Security University of China) 

 

Editor in charge: Cui Bohan
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