CPTPP合规视角下我国数据出境安全评估制度的优化研究

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中图分类号:D922.16 文献标志码:A
Abstract: China’ s application to join Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) is of great significance for advancing institutional opening-up. It is found that within the framework of CPTPP compliance,China's data outbound security assessment system has compliance challenges such as conflicts in value concepts, prominent difficulties in " self-assessment" practice, generalization of important data identification,as well as rigid procedural path-dependence and time-limit mechanisms. Under the premise of safeguarding data sovereignty,to efectively bridge the compliance gap with the CPTPP,it is recommended to implement optimization measures in three key areas. At the level of normative concepts,it is necessary to calibrate institutional goal orientation to eliminate international cognitive biases;at the level of implementation mechanisms,it is necessary to leverage institutional advantages to implement a data classification and grading system,clarify the scope of important data,and synergistically reduce self-assessment burden through the triple approach of restructuring rights and responsibilities,capacity building,and technological empowerment; at the level of procedural standards, it is necessary to explore a whitelist system to broaden cross-border channels,adjust the review cycle with reference to UPH,improve China's data outbound security assessment system,and provide theoretical support for China's participation in the game of digital economic and trade rules.
Key words: data outbound; security assessment; CPTPP;exception clause
数字经济蓬勃发展,已成为推动我国经济增长的重要引擎。(剩余15531字)