—Visit to the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and former vice chairman of the China Democratic National Construction Association.
Zhou Hanmin, President of the Shanghai Public Diplomacy Association.
China Economic Times reporter Wang Jingjing Docking with international high-standard economic and trade rules and further promoting cross-border data flow is an important measure to promote high-level opening up in the field of digital economy, and it is also a hot topic of concern for deputies and members during the two sessions of the National People's Congress and the National People's Congress of the People's Republic of China. On the eve of the convening of the National People's Political Consultative Conference, Zhou Hanmin, member of the Standing Committee of the National Committee of the Chinese People's Political Consultative Conference, former vice chairman of the China Democratic National Construction Association, and president of the Shanghai Public Diplomacy Association, said in an interview with a reporter from the China Economic Times that China has the advantages of data scale and data application, so that the cross-border flow of data is convenient and safe, and it is imperative to strengthen the exploration of cross-border data flow.
The circulation mechanism of data elements has been continuously improved.
China Economic Times: Could you please talk about the progress that China has made in cross-border data flow and the problems that need to be solved urgently?Zhou Hanmin: As a new factor of production, data has become an important driver of global economic and trade activities, and it is estimated that by 2025, the contribution of global data flows to economic growth will reach 11 trillion US dollars. The construction of data infrastructure system is related to the overall situation of national development and security. In September 2022, China issued the Measures for Security Assessment of Cross-border Data Transfer, which restricts data export in principle, and in September 2023, China issued the Provisions on Regulating and Promoting Cross-border Data Flow (Draft for Comments) to further refine the compliance path for data export. It is worth noting that in practice, China still has the following problems in cross-border data flow. On the one hand, the criteria for judging and identifying important data are vague. According to the requirements, China implements strict protection of core data and does not allow it to leave the country;Security assessment is required for cross-border flow of important data;General data flows freely. However, the current laws and regulations have not yet made a clear definition of important data, and enterprises lack clear reference standards when distinguishing whether the collected data is important data. On the other hand, there are multiple oversees for cross-border data flows. Departments, internet information departments, public security departments, data departments, and industry authorities can all supervise the export of data, but there is a lack of clear correspondence between functions, and different types of data are highly specialized, which makes it difficult to coordinate across departments, departments, and localities, and cannot efficiently respond to the diversified cross-border data flow needs of the market. In addition, China's influence on the formulation of international rules for cross-border data flow needs to be improved.
Development of standards and negative lists.
Provide clear policy guidance for enterprises.
China Economic Times: What suggestions do you have for continuously improving the circulation mechanism of data elements? Zhou Hanmin: First, we have formulated and published the Guidelines for the Certification of Important Data, clarifying the evaluation criteria for important and non-important data, and providing clear policy guidance for enterprises. Referring to the current internationally accepted principle of cross-border data flow, it can be piloted in the free trade zone. On the one hand, the principle of unification, such as stipulating that the certification of important data should encourage free circulation as the principle, and implement "one assessment, one certification, and one supervision". On the other hand, for key industries such as finance, shipping, and medicine, we will take the lead in formulating important data catalogs (detailed rules), clarify the criteria for determining important data, and issue guidelines for cross-border data flow and case demonstrations in specific scenarios, so that enterprises can master the latest important data identification rules, catalog lists and implementation rules, so as to carry out self-assessment of data export. Promote the establishment of a friendly and trusting international data space, in which industry data can be better opened, exchanged and used (similar to the data supervision sandbox of international mutual trust). On the basis of exploring data flow, the relevant rules such as data sharing, data ownership, and data transaction pricing should be further clarified. The second is to explore the formation of the "Negative List for Exemption from Reporting Data Export". It is suggested that the Pilot Free Trade Zone should issue a "Negative List for Exemption from Export of Data for Declaration", that is, set up specific scenarios that cannot be exempted from the assessment of export, and divide the content of the negative list according to the importance of the data. For example, core data cannot be exported abroad, and those involving state secrets must be implemented in accordance with the relevant provisions of the ** Law, thereby simplifying the unnecessary assessment process.
Establish a cross-departmental coordination mechanism.
Explore offshore data center construction.
China Economic Times: How to break down barriers and enhance the international influence of China's cross-border data flow rules? Zhou Hanmin: Establish a cross-departmental coordination mechanism for cross-border data flow. It is suggested that local big data regulatory departments should take the lead in establishing a cross-departmental coordination mechanism for cross-border data flow, and form a classified supervision model with the participation of different departments, so that each performs its own duties and forms a joint force. Relying on the professionalism of the competent departments of various industries, we will serve the cross-border data flow of enterprises and promote the high-quality development of cross-border data flow in China. For example, in the case of cross-border financial data transfer, the financial sector and the technology sector can strengthen communication through a collaborative mechanism to clarify the scope of relevant scenarios and concepts such as "due to business needs", so as to improve efficiency and better adapt to the needs of financial activities for cross-border data flows. Vigorously explore the construction of offshore data centers. At present, the Lingang New Area of the Shanghai Free Trade Zone has made it clear that it is necessary to carry out a pilot study on offshore data centers, and it is recommended to speed up the pace and promote international mutual recognition, mutual trust and mutual use in the fields of digital identity, data assets, authenticity verification, personal information protection certification, and blockchain platform. At the same time, we will promote the opening up of business in the telecommunications field, introduce more internationally renowned data service enterprises, support domestic data enterprises to "go global", expand the scope of opening up and cooperation in the international data industry, better allocate and use global data resources, and build an international data service industry cluster. After accumulating some experience in the operation of offshore data centers and the mechanism of cross-border data flow, combined with China's actual situation, we put forward a Chinese plan with more international influence and compatibility, follow the principle of gradual participation from regional to global, and promote the establishment of a convenient and secure cross-border data flow rule system between countries along the "Belt and Road", which has become a global standard.
Chief Producer丨Wang Hui.
Producer丨Li Piguang, Wang Yu, Liu Weimin.
Editor-in-Chief丨Mao Jinghui Editor丨Zou Duo.