Analysis and interpretation of the negative list system for data export from China′s pilot free trade zones
Shan Boshen1，Ding Yu2， Zuo Xiaodong3
1.School of Cyberspace Security, University of Science and Technology of China; 2.School of Fashion Design & Engineering, Zhejiang SCI-TECH University; 3.School of Public Affairs, University of Science and Technology of China
Abstract： With the development of the global digital economy and the reshaping of global cross-border trade rules, the national security attributes of data are gradually emerging, and its cross-border flow may pose a security threat to national security and public interests. In recent years, China has continuously explored data export management methods that can ensure national security. On March 22, 2024, the State Internet Information Office released the Regulations on Promoting and Regulating the Cross border Flow of Data, in which Article 6 requires the establishment of a negative list system for the outbound data of the National Pilot Free Trade Zone. This is the latest exploration in the security supervision of cross-border data flow in China, and its implementation will accumulate valuable experience for further refining China′s cross-border data flow supervision scheme. This article conducts research on the basic connotation of the negative list for data export, the policy space for formulating the negative list, and the key points for designing the negative list for data export in free trade pilot zones. It also proposes two understandings of the negative list system for free trade pilot zones. This study will provide reference for the development of negative lists for data export in China′s respective free trade pilot zones.
Key words : cross-border data; negative list; pilot free trade zones; digital economy; institutional interpretation
