Huang Haiying He Mengting Ran Congjing
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Data sovereignty is tightly related to national security and comprehensive national power. Currently, data sovereignty faces multiple risks, and how to safeguard data sovereignty and resist sovereignty security risks has become a key question in need of urgent answers for national development. This paper, from the perspective of the full life cycle of data, comprehensively identifies the risks to data sovereignty in four dimensions, namely, data generation and storage, cross-border flow, utilization and services, and external environment, and clarifies the realistic needs and key issues in data sovereignty protection. On the basis of the clarification of risks, the international data sovereignty governance practices in respect of the four abovementioned dimensions of risks are fully investigated, and it is found that in normal practices, the two dimensions, data generation and storage and cross-border flow risks, are governed simultaneously, while governed separately from data utilization and services and the external environment. Thus, three governance routes are suggested: that of data generation and storage, and cross-border circulation centered on data classification, adequacy determination, "long arm jurisdiction", etc; that of data utilization and service centered on entity and technology jurisdiction, scenario theory, risk assessment, etc.; and that of cyber attack and data hegemony centered on international cooperation and data development. Meanwhile, some development suggestions are drawn according to China’s national conditions, in an attempt to provide some references for the countermeasures and routes in respect of data sovereignty risk governance.