The core competitiveness of data exchange lies in efficiency, compliance and security. It is necessary to systematically study data trading methods and trading scenarios, promote the standardization of data products, and innovate and explore new trading models. China's big data trading industry is still in the initial exploration stage. Although supported by national and local governments, there are many obstacles to the development of big data transactions.
So, what is the current situation of the domestic data trading market? What are the problems in data trading? What kind of development path does data transaction need? Qi Aimin once led a team to investigate data trading places in Hangzhou, Guiyang and Wuhan. Professor II of Chongqing University Law School, Dean of National Institute of Cyberspace Security and Big Data Rule of Law of Chongqing University. He accepted an exclusive interview with Du Nan on the above issues.
Mainly based on the government-led big data trading platform model.
Professor Qi once led a team to many places where data transactions were investigated. According to your observation, what is the current development status of the domestic data trading market? What are the main types?
Qi Aimin: At present, all localities actively respond to the national development plan on cultivating the data factor market. During 20021,Beijing International Big Data Exchange and Shanghai Data Exchange were established one after another, and Sino-Singapore Tianjin Eco-City was approved to set up the Northern Big Data Trading Center. On the whole, China is still in the exploratory stage in data confirmation, data pricing, transaction mode and system construction.
In terms of transaction types, China is dominated by the government-led big data trading platform model, including data transactions within the Internet enterprise ecosystem and data transactions promoted by third-party data companies. For data transactions in the big data trading platform, at present, central enterprises, state-owned enterprises and research institutions are the main trading entities, and commercial organizations have not participated in the big data trading platform on a large scale due to compliance risks. In terms of transaction content, each trading platform is different. Some trading platforms provide API data services, some trading platforms provide processed data products, and some trading platforms provide original data sets.
Du Nan: What are the main problems found in data trading? Has it improved after several years of development? Do you have any suggestions about this?
Qi Aimin: We investigated the big data trading platforms in Beijing, Shanghai, Hangzhou, Guiyang and Wuhan around 20 16, and found seven problems, including: all kinds of data subjects lack the concept of * * * *; The positioning of the data trading platform is unknown; Lack of uniform standards for data transactions; The legal attribute and ownership of data are controversial; The theory of trading rules needs to be innovated urgently; Lack of interdisciplinary talents and insufficient construction of training bases; The classification of government data is unknown, and there is transaction risk.
After several years of development, China has made great progress in the top-level planning of data factor market and the development of artificial intelligence, blockchain and other technologies, but the basic legal system construction of data circulation has not been well solved. Guiyang Big Data Exchange has almost fallen into a state of business stagnation, and similar big data exchanges in China have not yet formed a relatively mature business model. In my opinion, we should learn from the experience and lessons of the practice and exploration of big data trading platforms in previous years. On the one hand, it is necessary to encourage all localities to carry out big data trading pilots and rule-making. On the other hand, we should also solve the basic problems such as data ownership, data value evaluation and data transaction boundary from the legal level.
Du Nan: At present, the data trading platforms on the market mainly include government data trading places and data service providers. What are their advantages? With the application of data becoming more and more refined, which data do you think is more in line with market demand?
Qi Aimin: At present, the well-known big data trading platforms in China, such as Beijing International Big Data Exchange, Shanghai Data Exchange and Guiyang Big Data Exchange, are mainly supported by the government. These data trading places have high credibility, can expand the scope of participants under the promotion of local governments, stimulate the enthusiasm of data trading subjects and the vitality of the trading market, promote the integration of data resources, standardize trading behavior, reduce transaction costs, enhance data liquidity, and have great advantages in data sources and standardized operations.
Data service providers aim at serving customers' specific data analysis needs, and make profits by processing legally collected data and providing them to customers. Their service methods are more flexible and diverse, such as helping customers with consumer identity verification and fraud detection, and providing customers with marketing effect analysis. In my opinion, some highly digital fields, such as finance, medical care, education and transportation, have a great impact on people's production and life, which is more in line with the needs of the data trading market.
Du Nan: High-quality data are mainly concentrated in the hands of government departments, internet platforms and financial institutions. How do we need to cultivate diversified data supply and demand markets and trading scenarios?
Qi Aimin: I think it is necessary to establish some basic legal systems, such as the legal nature of data and the boundaries of data transactions. On the one hand, the master of high-quality data dares to release data on his own initiative, on the other hand, the data demanders can use the data with confidence. The cultivation of data trading market is a systematic project. Don't rely too much on the big data trading platform, which is the current mainstream model. We should also encourage financial, educational and other fields with high degree of digitalization to explore the rules of data trading within the industry, thus forming a diversified data trading market.
Du Nan: China's cyber security law, data security law and personal information protection law are regarded as the troika of cyberspace governance and data protection. What new problems are data transactions currently facing? How to improve the transaction mode and legal system construction?
Qi Aimin: China has made great achievements in cyberspace legislation in recent years. The promulgation of "Network Security Law", "Data Security Law" and "Personal Information Protection Law" has established some basic boundaries for data transactions, but data transactions still face problems such as unclear ownership and immature pricing model, which hinder the free circulation, development and utilization of data. Article 127 of China's civil code affirms the legality of data and provides the support of the civil basic law for the special legislation of data transaction.
In my opinion, the legal nature of data should be established at the civil law level first. Secondly, establish a data asset evaluation system through departmental regulations and other means to promote the formation of a diversified data pricing model. Finally, we should establish entry threshold and registration system for data service providers such as big data trading platform, and strengthen the compliance review of trading entities and activities in the platform, especially the risk assessment and prevention of personal information protection, data security and national data sovereignty.
Du Nan: Data ownership is an unavoidable issue in data legislation. Shenzhen promulgated the first comprehensive data legislation in China, put forward the concept of data rights and interests, and Shanghai data regulations put forward authorized operation. On June 25th, 2022, Tianjin issued the Interim Measures for the Management of Data Transactions. What is the experience of data confirmation and data transaction at the current legislative level? Where is the local data legislation going?
Qi Aimin: Data validation is a very complicated issue. Data is different from traditional tangible goods, and it is non-competitive. The direct use of confirmation method may not be conducive to the circulation of data. At present, China's legal level has not yet established the ownership of data, but it has made some principled provisions on the development and boundary of data trading activities. For example, Article 42 of the Cyber Security Law allows anonymous personal information to be provided to others, which provides a legal basis for data trading activities. Article 33 of the Data Security Law stipulates that the data transaction intermediary service provider shall require the data provider to explain the data source, audit the identities of both parties to the transaction, and keep the audit and transaction records. The Civil Code, the Criminal Law and the Personal Information Protection Law have established the legal bottom line for prohibiting illegal trading of personal information.
In promoting data transactions, Shenzhen, Shanghai, Tianjin and other places have carried out local legislative explorations, and the content is more to encourage market participants to carry out innovative practices of data transactions under the existing legal framework. In my opinion, for a newly established and immature market, market participants should be given more freedom to explore. With the construction of big data trading platforms in various places, local governments should be allowed to formulate specific trading rules according to local data trading practices, such as the Interim Measures for the Administration of Data Trading in Tianjin. And constantly improve the data trading system in the process of applying the rules, and then upgrade it to national legislation after the relevant experience is mature.
Produced by: Digital Government Research Center of Dunant University Data Research Institute
Planning: Wang Haijun Coordinator: Zou Yingling Huishan Researcher: Yuan Jiongxian Design: Liu Yinshan