Legal Risks And Prevention Of Data Security Of Foreign-related Engineering Enterprises From The Perspective Of National Security

General Secretary Xi Jinping formally proposed the construction of a digital "One Belt One Road" initiative at the first "One Belt One Road" International Cooperation Summit Forum in 2017,to realize the interconnection of infrastructure in countries along the "One Belt One Road",and to digitize the existing infrastructure.Informatization transformation,vigorously deploy new infrastructure.The 2020 government work report clearly stated that"strengthening the construction of new infrastructure" as an important work content of the government.Under the premise of normalized prevention and control of the epidemic,batches of major projects and major projects have launched "new infrastructure"to go abroad and accelerate their implementation.Facing the alternation of old and new infrastructure,foreign-related engineering enterprises seize the opportunity to accelerate the digital transformation of enterprises with the help of new infrastructure empowerment.However,in view of the characteristics of new infrastructure projects based on the development of emerging technologies,legal disputes arising from emerging technologies have resulted in legal risks of enterprise data security.Based on the basic connotation of data security,this paper explores the internal relationship between national security and data security.In the era of the digital economy,foreign-related engineering companies use the new infrastructure business to move towards digital construction development and accelerate digital transformation.With the continuous deepening of digitization,more unknown data security risks combined with emerging technologies are also increasingly emerging in foreign-related engineering enterprises,undergoing a shift from traditional construction engineering risks to emerging technology risks,from "enterprise security" risks.Shift to "national security" risk.It can be seen that the data security problems faced by foreign-related engineering companies are no longer just technical or economic problems,but have risen to a national security issue,which is related to social stability and the maintenance of the international pattern,and requires a new legal perspective to guide.At present,it is necessary to clarify the legal risks of data security of foreign-related engineering enterprises from the perspective of national security,and the key focus is on the three aspects of data transmission,data classification and data control.First,digital transformation has transformed the data management of foreign-related projects from static storage to dynamic transmission.Due to its high-speed mobility,data is difficult to be controlled by geographic borders and flow across borders,making the security spaces between countries intertwined and increasing national security threats.Secondly,the new infrastructure projects involve major cooperation between countries in the fields of energy,transportation,water conservancy,etc.At the same time,they are deeply related to politics,economy,and foreign policy.They generate a lot of important data,but the current data classification standards are still unclear.So data security management and control of foreign-related engineering enterprises is difficult,and it is easy to cause national security risks.Finally,governments of various countries have adopted data localization measures based on national security protection.Due to the great disputes in the design of specific rules in various countries,it has increased the "going" of foreign-related engineering enterprises.It is difficult to apply the law to "go out",which leads to the "secondary risk" of data security.The legal system of data security from the perspective of national security is the key to the prevention of legal risks of data security.The WTO "national security exception" clause and the "national security exception" clause in regional trade agreements have both unity and differences.The main business scope of foreign-related engineering enterprises is concentrated in countries along the "Belt and Road",and countries have differentiated data localization mechanism arrangements in terms of data security,demonstrating the cross-border data flow positions of different countries.Finally,return to domestic law,select "Data Security Law"and "Critical Information Infrastructure Security Protection Regulations" "one law and one case" to discuss my country’s data security legal system arrangements in the field of new infrastructure.From a global perspective,countries make different choices in data security risk governance based on their own national conditions,and promote cross-border data flow legislation with different models and approaches.The differences are obvious,and there is a lack of unified cross-border data flow rules,resulting in The current application of data security laws is still deeply stretched.In order to better prevent the legal risks of data security of foreign-related engineering enterprises from the perspective of national security,it is necessary to start from an international perspective,coordinate the overall domestic situation to make corresponding system construction,and provide positive guidance for the prevention of data security legal risks of foreign-related engineering enterprises.The first is to improve the international legal system for cross-border data flow,formulate a feasible coordination plan for the security governance of global cross-border data flow,and gradually clarify the applicable restrictions of the "national security exception"clause.Construct a scenario-based data protection scheme for foreign-related engineering enterprises based on data classification and grading.At the same time,enterprises should actively apply different data security laws and regulations based on the data life cycle.Explore the formation of a data security governance mechanism that takes into account the "Belt and Road" regional conditions.Data security and development of foreign-related engineering enterprises must be coordinated and go hand in hand to ensure development with security and promote security with development.