Genesis of Data Security Mechanism in China: The Next Step to Data Nationalism

Gorian, Ella

doi:10.14330/cwr.2022.8.2.02

China & WTO Rev.

2022

DOI: 10.14330/cwr.2022.8.2.02

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Genesis of Data Security Mechanism in China: The Next Step to Data Nationalism

Ella Gorian¹

Abstract: The study aims to analyse data security in the financial and banking sector of China. The data laws provide a 'consent-oriented' approach where consent, along with a limited list of exceptions, is the legal basis for the processing of personal information. The personal data protection mechanism comprised the Data Security Law, the Cybersecurity Law, and the Personal Information Protection Law. Taken together, they cover all areas of information security and establish a severe data protection regime: they deter… Show more

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The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries

2023

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This article analyzes the information and technological advancements made by the BRICS countries in the field of criminal proceedings, specifically in the process of gathering evidence in criminal investigations. The relevance of the research topic is explained by the widespread proliferation of computer-related crimes and other crimes committed using computer technologies. With the increase in cybercrime, the number of digital traces left behind by criminal activity is also increasing. This calls for the development of a new approach for detecting, recording, erasing and investigating these digital traces. Given the transnational and cross-border nature of cybercrime, it is necessary to pursue a policy of interaction among the law enforcement agencies of the BRICS countries in order to effectively provide legal assistance in criminal cases, preserve the electronic data obtained from users of information and telecommunications systems and transfer the data to interested countries upon request. This will aid in the formation of a regulatory framework for the information technology sector that meets modern challenges and requirements. Additionally, it is critical to borrow best practices in order to harmonize the criminal and criminal procedure legislation of the BRICS countries, as coordinated activities will ensure closer cooperation between the countries in the socio-economic and cultural spheres, allowing for the achievement of greater results in these areas. Furthermore, the article demonstrates a new approach to the study of the comparative legal nature of the various legal systems in the BRICS countries. The conclusion reached is that the harmonization of criminal procedure systems essentially comes down to the detection of electronic data, the recording of that data in electronic form, the storage of case materials and the submission of those materials to the court in electronic form. The legal consolidation of these steps will make it possible to introduce electronic document management, thereby enabling the optimization of criminal procedure activities, the objective recording of evidentiary information and the assurance of savings in material and procedural costs associated with criminal proceedings.

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The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries

2023

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"Digital Nationalism" as the Embodiment of the Chinese Doctrine of the "Five Principles of Peaceful Coexistence"

Gorian¹

2022

Международное Право И Международные Организации / International Law and International Organizations

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The article focuses on the special public international relations emerging among the subjects of public international law regarding the enforcement of state sovereignty in the conditions of digitalization of the economy and ensuring national interests in the field of security. The subject of the study is the Chinese doctrine of public international law. The author analyzes the legal regulations in the field of digital economy in China. The Chinese model of "digital nationalism" is being analyzed. The state sovereignty over the cyberspace is being embodied through the category of "cyber sovereignty" and the doctrine of "five principles of peaceful coexistence". The state has to implement the policy of "digital nationalism" to ensure its sovereignty. The Chinese theory of public international law is based on the doctrine of the peaceful existence of nations with different political, economic, social and cultural systems, based on a set of five fundamental principles, which facilitate the achievement of common goals while maintaining a balance of national interests. State sovereignty is the crucial point of this doctrine, since peaceful coexistence of nations is achieved through mutual respect for sovereignty. The concept of a "community of common destiny" defines the goal identified by China implementing the five principles of peaceful coexistence. The Chinese approach to the implementation of cyber sovereignty does not imply the "Balkanization" of global cyberspace, on the contrary, it is supposed to maintain the ground for the development of international legal norms in the field of information security. Therefore, the Chinese concept of cyber sovereignty, which is based on "digital nationalism", embodies the logical and expected reaction of national authorities to internal and external security threats. The Chinese theory of public international law is not a scholastic construct, but an objective reality.

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Genesis of Data Security Mechanism in China: The Next Step to Data Nationalism

Cited by 2 publications

References 3 publications

The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries

The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries

"Digital Nationalism" as the Embodiment of the Chinese Doctrine of the "Five Principles of Peaceful Coexistence"

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