Anti-colonialism in the war on data sovereignty

BEIJING – Revisions in China’s updated Cybersecurity Review Measures took effect from Tuesday. One of them stipulates that network platform operators that hold personal information of more than one million users have to go through a cybersecurity review if they plan to list their shares overseas. This is considered to be one of the latest efforts from the Chinese government to maintain the security and sovereignty of the country’s data.

In recent years, data has become a strategic tool for competition between countries. Losing data sovereignty will undermine national security. For instance, internet and data control fueled massive unrest in Kazakhstan in January. One of the reasons behind this is that the Central Asian country neglected its data sovereignty and security in pursuit of fast internet development, leaving its data in many areas completely in the hands of US internet giants.

The US is taking full advantage of its technological advances to build a data empire to then control other countries’ economic lifelines and public opinion. It has spared no effort to collect data from various countries. At the same time, it adheres to the principle of “America First” in terms of cross-border data flow. According to Washington’s double standards, data should flow freely if beneficial to the US, but should be obstructed when it’s not.

Faced with the threat from the US, some countries, including EU countries united to resist the US’ data hegemony, have been taking countermeasures to protect themselves from becoming Washington’s “data colonies”. Unfortunately, most countries cannot counteract Washington due a huge technology and economic gap. In fact, most countries have already given up fighting back.

But China must devote itself to defending its data sovereignty and oppose data exploitation. On one hand, China is capable of doing so. On the other, China should gradually change from strategic defence to taking the initiative and advocating the concept of fair data use that benefits all countries.

Therefore, China needs to promote equality in data sharing under the framework of the United Nations through various means, such as international treaties. In this way, all countries can enjoy the benefits of big data without data sovereignty being violated.

Restricting “data export” is Beijing’s only current means to fight Washington’s data hegemony. In the long run, China aims to promote a global view of data that is inclusive, mutually beneficial, and equal. This is the responsibility of a great power.

We must first protect our own data security so that we can have the strength to promote the establishment of a fair international order on data. In addition, China should work with the EU to break the monopoly of the US internet giants. We cannot let data become a tool for the US to exploit other countries. We should make data a resource for the happiness of people all over the world.

Strong shield of protection

A systematic legal framework on the protection of personal data has been formed in China as the highly anticipated Personal Information Protection Law came into effect as reported earlier in the Global Times.

From the protection of ordinary citizens to the better regulation of the internet economy, the law will be a strong shield against infringement and a safeguard of the interests of online users through addressing internet chaos such as excessive collection of personal information and secretly recording customers’ faces and biological characteristics, experts said.

The law is China’s first piece of legislation that emphasises the systematic protection of citizens’ personal information. It clearly sets the principle of informed consent as the basic rule for personal information protection and gives citizens the right to know and the right to make decisions with regard to their personal information, Zhu Wei, a communications researcher at the China University of Political Science and Law in Beijing, told the Global Times.

Together with the Cyber Security Law and Data Security Law, these laws create a comprehensive legal framework on information protection, corporate data compliance and China’s digital economy, Zhu said.

The law prohibits the excessive collection of personal information and big data-enabled price discrimination against existing customers. When pushing information and business marketing to individuals through automated decision-making, personal information processors should provide options that don’t target personal characteristics, or offer methods of rejection.

Users’ consent should be obtained for the online platforms to process sensitive personal information such as biometrics, medical and health data, financial accounts, and locations. The law also requires the suspension or termination of services for apps that illegally process personal data.

The law requires internet giants, which possess the personal information of a large number of users, to set up independent bodies that will be mainly composed of outsiders to supervise how the information is handled.

As the law is implemented, the entrepreneurs, shareholders and investors of big Chinese tech companies must realize that the “golden era” of generating handsome profits by invading users’ privacy and excessive data mining is gone forever, Li Yi, director of green digital development research center at Shanghai Academy of Social Sciences, told the Global Times.

They should follow trends in the digital economy in China and worldwide so as to be in line with global standards, Li said.

“In order to encourage private enterprises to grow their digital business, China has remained very tolerant [in terms of the regulation of Big Tech] compared with the General Data Protection Regulation in Europe. Western countries’ antitrust fines on Big Tech companies are massive and horrible,” he noted.

Tighter regulatory moves and record antitrust fines against Chinese tech firms have prompted them to protect users’ rights better, including safeguarding users’ personal information and privacy, analysts said.

As a result, the new law may hit the data-driven decision-making capability of Big Tech, according to Li.

“When tech companies are not allowed to analyze users with excessive data mining anymore, their operating costs would rise in tandem with higher spending on marketing and research and development skills.”

More than 20 companies including matchmaking website Zhenai.com and tech giants Tencent and Huawei have promised to strictly safeguard the boundaries of users’ privacy, set limits on personal information collection within the law and protect users’ rights to fair trade.

US tech giant Apple said it will utilize users’ personal data only under circumstances where there is a legitimate legal basis, and it respects Chinese consumers’ rights to know, inspect, correct, transfer and delete data. As of June, China had 1.011 billion internet users, with 4.22 million internet websites, and 3.02 million apps.

Courtesy: Global Times