중국의 데이터 보호 관련 입법 동향과 데이터 주권에 관한 고찰

Abstract

The development of information and communication technology is transforming countries around the world into a single market. Meanwhile, economic, political and cultural contacts, movements, and exchanges across borders through global networks are changing the paradigm of national sovereignty in relation to the modern territorial concept of sovereignty and the role of the government. Major countries such as the EU and the United States seek free data movement, but China strictly restricts cross-border data movement. It strengthens control over information processed in China, manages and protects domestic information systems and network security, and expands cyberspace beyond the traditional national security level, and has a strategic influence in the political and economic fields. Are exercising. hina's “Network Safety Act”, “Data Security Act” draft “Personal Information Protection Act” draft, etc. are summarized as the core of Internet censorship, data storage in China, and passing safety assessment by authorities in case of overseas transfer. China seems to have achieved some degree of Chinese data protectionism through these laws. Ultimately, it is forming its own Chinese-style data protectionism for securing technological competitiveness and developing Chinese industry. This trend of China raises the issue of "Is it reasonable to apply the modern sovereignty concept to data that crosses its territory in the era of data economy?" The gist of data sovereignty in the United States is free transnational data movement. In other words, it is not desirable to regulate the movement of data across borders. The concept of sovereignty in the United States refers to “policy sovereignty” at the government level as the ability to control activities beyond the boundaries of territorial states. This discourse of data in the United States represents the logic and interests of multinational corporations in the United States trying to maximize the value of data at a global level through transnational data distribution. The EU differs from the data sovereignty of the United States. Data sovereignty in the EU represented by GDPR is citizen sovereignty in the sense of collective citizenship based on the rights of individual citizens. Rather than the concept of the right to protect data at the national level, it can be said that it is a model that finds the basis for the right at the individual level and provides a legal system that guarantees it at the national level. In China, all of the major policies related to the Fourth Industrial Revolution consistently advocate the principle of “market-led and government-led guidance. However, behind this principle, the active role of the government is still emphasized, such as promoting policies and creating a fair market environment. China is considering cyberspace as a category of state sovereignty. In this respect, China's data sovereignty comes from the authority at the national level. In other words, it is the legal and political state power at the national level.