Research On Perfecting Legislation Of China’s Data Regulatory System

Data has become an essential resource for social development.The data industry urgently needs an effective regulatory system to balance the contradiction between data rights and data circulation.Broadly,the data regulatory system is divided into three parts: governmental regulation,industry’s self-regulation and data processor’s self-regulation.Among them,industry and data processor’s self-regulations are collectively referred to as market’s regulation.On the whole,there are several imperfectness in our country’s current regulatory system,such as imperfect legislation,fuzzy government regulatory positioning and chaotic institutions,weak industry’s self-regulation,and fuzzy self-regulation regulations for data processors.At present,there are mainly two data regulation models,the EU’s model and the United States’ model.The EU has formed a unified legislative regulatory approach that is led by government regulation and distinguishes personal data from non-personal data.In the regulation of personal data,the independence of government regulatory agencies is emphasized and the protection of data rights is the main focus.In the regulation of non-personal data,governments pursue "regulating only when necessary",focusing on promoting data circulation.The US emphasized on market’s regulation,implementing sub-fields and bottom-line-thinking legislation.To improve our country’s current data regulatory system,we need to sort out law-making thoughts and clarify regulatory models,determine the responsibilities of government regulatory agencies and their division,enhance the voice of industries,clarify data processors’ self-regulatory agencies and their positioning and responsibilities as well.So that we could shape our data regulatory system which governmental and market’s regulation form a joint strength.