중국 데이터안전법의 주요내용과 시사점: 데이터 안전보호를 위한 중점 제도를 중심으로

Abstract

Through the legislation of the 「State Security Law of PRC」 in 2015, the area of national security has been expanded from traditional security areas to non-traditional security areas called ‘cyber areas’. In 2016, the 「Cyber Security Law」 was enacted to specify protection in the cyber area, however, the protection regulations for ‘data’ that exist in various types were insufficient. China is intensively pursuing policies to accelerate the digital transformation of the Chinese economy, and externally, there is a task to alleviate conflicts related to data security with the major countries in the world. Under this circumstance, “to ensure data safety, promote data usage, protect the legal rights and interests of citizens and organizations, and protect national sovereignty, national security, and development interests”, the enactment of the 「Data Security Law」 was promoted. The 「Data Security Law(draft)」 officially announced on July 3, 2020, and it is expected to become an important part of the national data protection legal system after its official implementation as China's data security basic law. However, most of the provisions related to the key system only stipulate basic principles and are insufficient to provide specific criteria for judgment, therefore there is concern that it may cause confusion after implementation. It also stated that the 「Data Security Law」 may apply to data activities outside of China, and retaliation against discriminatory measures by other countries is provided, so there are concerns about worsening tensions between countries related to data security. In a situation of major countries around the world are accelerating the improvement of legal systems based on data protection at the level of national security, if the published 「Data Security Law(draft)」 fails to address doubts about legality, fairness, and transparency, not only is it difficult to achieve legislative purposes, but it can also lead to confrontation and conflict between countries. In the article, we would like analyzes the current data security legal system in China, and discuss its limitations while reviewing the key systems of the published 「Data Security Law(draft)」. By doing so prior to the formal implementation of the 「Data Security Law」, we would like to derive suggestions for improvement and implications related to the Korean data governance regarding the enforcement of 「Data Security Law」.