Analysis On Legal Issues Of Security Of Digital Sequence Information On Genetic Resources

With the development of biotechnology and digital technology,Digital Sequence Information on Genetic Resources(DSI)is the recording of genetic sequence information in biological genetic resources in the form of digital sequences.DSI was first presented in the topic of Synthetic Biology at the 2016 CBD meeting.Synthetic Biology,as an interdisciplinary field that brings together biology,engineering,and informatics,is a great catalyst for the development of social production and life.DSI was born in the environment of highly developed digital technology.At present,there is no unified term about DSI.However,in the face of complex and changing social environment,various risks caused by the characteristics of DSI cannot be ignored.The issue of legal protection of DSI is attracting widespread attention from the international community,and more and more countries are joining the discussion on the legal protection of DSI.The prerequisite for the protection of DSI is to clarify its concept,nature and other issues,and on this basis to discuss the construction of the protection system of DSI in conjunction with the current status of relevant legislation and legal provisions in China,and to form a targeted,multi-level and all-round protection rules.From the perspective of the Biosafety Law and the Data Security Law,based on clarifying the concept and nature of DSI,this thesis aims to explore an effective way of risk regulation and protection of DSI in the new era and new technology environment.This thesis defines and analyzes issues such as the concept,nature of DSI based on relevant international treaties as well as the current state of legislation in our country combined with the current state of scientific and technological development,and an analysis of the legal nature of DSI is the basis for its legal protection and the prerequisite for the rational selection of protective measures.By analyzing the nature and value impact of DSI,this thesis interprets biosafety issues and data security issues that may be caused by the research,development and application of DSI from multiple aspects and perspectives,and further explains the necessity of legal regulation and protection of DSI.Through the analysis of the relevant laws and regulations on biological resources,the deficiencies of other laws and regulations on DSI protection and the advantages of the Biosafety Law and the Data Security Law on DSI protection are explained,so as to demonstrate the rationality of applying the protection of the Biosafety Law and the Data Security Law to DSI protection.This thesis takes the relevant provisions of the Data Security Law and the Biosafety Law as the starting point,and on the basis of analyzing and clarifying the relationship between DSI and biological resources and data,demonstrates the legitimacy of DSI’s attribution to the Data Security Law and the Biosafety Law,and uses the relevant provisions of these two laws for reference to build a DSI security protection system,identify relevant violations of DSI,and clarifies the responsibility for DSI violations.In combination with the provisions of the Data Security Law and the Biosafety Law on classification and grading protection,the classification and grading protection mechanism is improved according to the characteristics of DSI,so as to form a more targeted and effective protection mechanism scheme.At the same time,considering that only relying on the relevant provisions of the Data Security Law and the Biosafety Law to protect DSI may not be sufficient,based on the analysis of DSI’s own characteristics and in combination with the characteristics of emerging technologies,it is proposed to protect DSI through virtual reality technology,cloud computing technology,blockchain technology and other new technical means to improve the way and path of DSI protection.