(Authorized to release) Opinions of the Central Committee of the Communist Party of China and the State Council on building a basic data system to better play the role of data elements
Xinhua News Agency, Beijing, December 19th
Opinions of the Central Committee of the Communist Party of China and the State Council on Building a Data Basic System to Better Play the Role of Data Elements
(December 2, 2022)
As a new factor of production, data is the foundation of digitalization, networking, and intelligence. It has been rapidly integrated into production, distribution, circulation, consumption, and social service management, profoundly changing production methods, lifestyles, and social governance.
The construction of data infrastructure system is related to the overall situation of national development and security.
In order to speed up the construction of a basic data system, give full play to the advantages of my country's massive data scale and rich application scenarios, activate the potential of data elements, make the digital economy stronger, better and bigger, enhance new momentum for economic development, and build new advantages in national competition, the following opinions are hereby offered.
1. General requirements
(1) Guiding ideology.
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, fully, accurately and comprehensively implement the new development concept, accelerate the construction of a new development pattern, adhere to reform and innovation, and systematic planning to maintain national data security, Protecting personal information and business secrets is the premise, with the promotion of data compliance and efficient circulation and use, and the empowerment of the real economy as the main line, focusing on data property rights, circulation transactions, revenue distribution, and security governance, and deeply participating in the formulation of international high-standard digital rules. Adapt to the characteristics of data, conform to the laws of digital economy development, ensure national data security, highlight the basic data system led by innovation, fully realize the value of data elements, and promote all people to share the dividends of digital economic development. The modernization of the governance system and governance capabilities provides strong support.
(2) Working principles
——Follow the laws of development and innovate institutional arrangements.
Fully understand and grasp the basic laws of data property rights, circulation, transaction, use, distribution, governance, and security, explore property rights systems and market systems that are conducive to data security protection, effective use, and compliant circulation, and improve data element market systems and mechanisms. Improve in practice, develop in exploration, and promote the formation of a new production relationship that is compatible with digital productivity.
——Insist on sharing and sharing to release value dividends.
Reasonably lower the threshold for market entities to obtain data, enhance the sharing and inclusiveness of data elements, encourage innovation, entrepreneurship and creation, strengthen anti-monopoly and anti-unfair competition, and form a development model that is regulated by law, joint participation, each takes what it needs, and shares dividends .
——Strengthen high-quality supply and promote compliance circulation.
Conform to the development trend of economic and social digital transformation, promote the adjustment and optimization of data element supply, and improve the quantity and quality of data element supply.
Establish a trusted data circulation system to enhance the availability, credibility, circulation, and traceability of data.
Realize the dynamic management of the whole process of data circulation, and activate the value of data in compliant circulation and use.
—— Improve the governance system to ensure safe development.
Coordinate development and security, implement the overall national security concept, strengthen the construction of a data security guarantee system, implement security throughout the entire process of data supply, circulation, and use, and delineate the bottom line and red line of supervision.
Strengthen data classification and classification management, control what should be managed and let go of what should be released, actively and effectively prevent and resolve various data risks, and form a data element governance that coordinates government supervision and market self-discipline, rule of law and industry autonomy, and domestic and international coordination structure.
——Deepen open cooperation and achieve mutual benefit and win-win results.
Actively participate in the formulation of international rules for cross-border data flow, and explore joining regional international data cross-border flow institutional arrangements.
Promote bilateral and multilateral consultations on cross-border data flows, and promote the establishment of mutually beneficial rules and other institutional arrangements.
Encourage the exploration of new ways and models for cross-border data flow and cooperation.
2. Establish a data property rights system that protects rights and interests and uses in compliance
Explore the establishment of a data property rights system, promote the structural separation and orderly circulation of data property rights, and strengthen the supply of high-quality data elements in combination with the characteristics of data elements; under the national data classification and classification protection system, promote the use of data classification, classification, grading, confirmation, authorized use and market-oriented circulation transactions, improve the protection system for the rights and interests of data elements, and gradually form a data property rights system with Chinese characteristics.
(3) Explore the structural separation system of data property rights.
Establish a system for classification, grading, confirmation and authorization of public data, corporate data, and personal data.
According to data sources and data generation characteristics, respectively define the legal rights enjoyed by all participants in the process of data production, circulation, and use, and establish a separate property rights operation mechanism for data resource holding rights, data processing and use rights, and data product management rights. Promote the new model of "common use and shared benefits" of non-public data in a market-oriented manner, and provide basic institutional guarantees for activating the value creation and value realization of data elements.
Research on new ways of registering data property rights.
Under the premise of ensuring security, promote data processors to develop and utilize raw data in accordance with laws and regulations, support data processors in exercising data application-related rights in accordance with laws and regulations, promote the reuse and full utilization of data use value, and promote the exchange of data use rights and the market circulation.
Be prudent in the circulation and transaction of raw data.
(4) Promote the implementation of the authorization mechanism for public data rights confirmation.
For public data generated by party and government agencies at all levels, enterprises and institutions in the process of performing their duties according to the law or providing public services, strengthen the collection, sharing and open development, strengthen the overall planning of authorized use and management, promote interconnection, and break "data islands."
Encourage public data to be provided to the society in the form of models, verification and other products and services in accordance with the requirements of "original data not out of the domain, data usable but not visible" on the premise of protecting personal privacy and ensuring public safety, and those that do not carry personal information and public data that does not affect public safety, and promote the expansion of the scope of supply and use according to the purpose.
Promote the conditional and free use of public data for public governance and public welfare undertakings, and explore the conditional and paid use of public data for industrial development and industry development.
Public data that is kept confidential in accordance with laws and regulations shall not be released, and the original public data that has not been disclosed in accordance with laws and regulations shall be strictly controlled to directly enter the market to protect the public interest in the supply and use of public data.
(5) Promote the establishment of an enterprise data authorization authorization mechanism.
For the data collected and processed by various market entities in production and operation activities that do not involve personal information or public interests, market entities enjoy the rights and interests of holding, using, and obtaining income in accordance with laws and regulations, and ensure that their labor and other factor contributions are reasonably obtained. return, and strengthen the incentives for the supply of data elements.
Encourage the exploration of new models of enterprise data authorization and use, give play to the leading role of state-owned enterprises, guide industry leading enterprises and Internet platform enterprises to play a leading role, promote two-way fair authorization with small, medium and micro enterprises, jointly use data rationally, and empower small, medium and micro enterprises for digital transformation.
Support third-party agencies and intermediary service organizations to strengthen the formulation of data collection and quality assessment standards, promote the standardization of data products, and develop industries such as data analysis and data services.
Government departments may obtain relevant enterprise and institutional data in accordance with laws and regulations in order to perform their duties, but they must agree and strictly abide by the use restriction requirements.
(6) Establish and improve the personal information data authorization authorization mechanism.
For data carrying personal information, promote data processors to collect, hold, trusteeship and use data in accordance with the law and regulations within the scope of personal authorization, standardize the processing of personal information, and do not adopt methods such as "blanket authorization" and compulsory consent to excessively collect personal data. Information, promote the rational use of personal information.
Explore a mechanism whereby trustees represent personal interests and supervise the collection, processing, and use of personal information by market players.
For special personal information data related to national security, relevant units may be authorized to use it in accordance with laws and regulations.
Strengthen the protection of personal information, promote the establishment and improvement of long-term protection mechanisms in key industries, strengthen the main responsibility of enterprises, and standardize the collection and use of personal information by enterprises.
Innovate technical means, promote the anonymization of personal information, and ensure information security and personal privacy when using personal information data.
(7) Establish and improve the protection system for the legitimate rights and interests of all participants in data elements.
Fully protect the legitimate rights and interests of data sources, promote data circulation and use models based on informed consent or legal reasons, and ensure that data sources enjoy the rights to obtain or copy and transfer the data generated by them.
Reasonably protect the rights and interests of data processors to exercise autonomous control over data held in accordance with laws and regulations.
Under the premise of protecting public interests, data security, and the legitimate rights and interests of data sources, recognize and protect the right to use data processing obtained in accordance with legal provisions or contractual agreements, respect the labor and other factor contributions of data processors such as data collection and processing, and fully Guarantee the rights of data processors to use data and obtain benefits.
Protect the right to operate data or data derivative products formed through processing and analysis, regulate the rights of data processors to authorize others to use data or data derivative products in accordance with laws and regulations, and promote the circulation and reuse of data elements.
Establish and improve a mechanism for the transfer of property rights and interests related to data based on legal provisions or contractual agreements.
When data processors merge, split, dissolve, or are declared bankrupt, promote the simultaneous transfer of relevant rights and obligations in accordance with laws and regulations.
3. Establish a data element circulation and transaction system that is compliant, efficient, and combined with off-site and off-site
Improve and standardize data circulation rules, build a transaction system that promotes use and circulation, and combines on-site and off-site transactions, standardizes and guides off-site transactions, cultivates and strengthens on-site transactions; develops cross-border data circulation and transactions in an orderly manner, and establishes data sources that can be confirmed , A credible data circulation system that can define the scope of use, trace the circulation process, and prevent security risks.
(8) Improve the data compliance and regulatory rule system throughout the entire process.
Establish data circulation access standard rules, strengthen the compliance governance of the data of market entities throughout the process, and ensure that the source of circulation data is legal, privacy protection is in place, and circulation and transactions are regulated.
Combined with the scope of data circulation, degree of influence, and potential risks, distinguish usage scenarios and usage volumes, establish data classification and grading authorization usage specifications, explore the construction of a data quality standardization system, accelerate data collection and interface standardization, and promote data integration, interoperability, and interoperability.
Support data processors to circulate data in open, shared, exchanged, traded and other ways on-site and off-site in accordance with laws and regulations.
Encourage exploration of data circulation security technologies, standards, and solutions.
Support the exploration of diversified pricing models and price formation mechanisms that are in line with the characteristics of data elements, promote the paid use of public data used for digital development in accordance with government-guided pricing, and independent pricing by the enterprise and personal information data markets.
Strengthen the construction and supervision of corporate data compliance systems, severely crack down on black market transactions, and ban illegal data circulation industries.
Establish and implement a data security management certification system to guide enterprises to improve data security management through certification.
(9) Coordinate the construction of standardized and efficient data trading venues.
Strengthen the system design of data trading venues, coordinate and optimize the planning and layout of data trading venues, and strictly control the number of trading venues.
Introduce management measures for data trading venues, establish and improve data trading rules, formulate a unified national data trading, security and other standard systems, and reduce transaction costs.
Guide the common development of various types of data trading venues, highlight the compliance supervision and basic service functions of national data trading venues, strengthen their public attributes and public welfare positioning, promote the separation of data trading venues and data vendors, and encourage all types of data vendors to enter the market trade.
Standardize the regional data trading venues and industry data trading platforms established by various regions and departments, build a multi-level market trading system, and promote the circulation and use of regional and industry data.
Promote the interconnection between regional data trading venues and industry data trading platforms and national data trading venues.
Build an intensive and efficient data circulation infrastructure to provide a low-cost, high-efficiency, and reliable circulation environment for on-site centralized transactions and off-site decentralized transactions.
(10) Cultivate data element circulation and transaction service ecology.
Cultivate a group of data vendors and third-party professional service organizations around the need to promote compliance and efficient, safe and orderly circulation and transactions of data elements.
Through data vendors, data transaction parties are provided with data product development, release, underwriting, and data asset compliance, standardization, and value-added services to promote the improvement of data transaction efficiency.
In key fields such as intelligent manufacturing, energy saving and carbon reduction, green construction, new energy, and smart cities, vigorously cultivate industry-oriented and industrialized data providers that are close to business needs, and encourage data providers of various ownerships to develop together and compete on an equal footing.
Orderly cultivate third-party professional service agencies such as data integration, data brokerage, compliance certification, security audit, data notarization, data insurance, data custody, asset evaluation, dispute arbitration, risk assessment, talent training, etc., to improve the entire process of data circulation and transactions Service capabilities.
(11) Build a data security compliance and orderly cross-border circulation mechanism.
Carry out international exchanges and cooperation in data exchange, business interoperability, regulatory mutual recognition, service sharing, etc., promote the construction of cross-border digital trade infrastructure, and actively participate in data flow, data security, certification evaluation, digital Currency and other international rules and digital technology standards.
Adhere to open development, promote the two-way and orderly flow of cross-border data, encourage domestic and foreign enterprises and organizations to carry out cross-border data flow business cooperation in accordance with laws and regulations, support foreign investment in open fields in accordance with laws and regulations, and promote the formation of an international market with fair competition.
For typical application scenarios such as cross-border e-commerce, cross-border payment, supply chain management, and service outsourcing, explore safe and standardized cross-border data flow methods.
Coordinate data development and utilization and data security protection, and explore the establishment of cross-border data classification and hierarchical management mechanisms.
Conduct national security reviews in accordance with laws and regulations for activities such as data processing, cross-border data transmission, and foreign mergers and acquisitions that affect or may affect national security.
In accordance with the principle of reciprocity, export control is implemented in accordance with laws and regulations on data that is a controlled item related to safeguarding national security and interests and fulfilling international obligations, to ensure that data is used for legitimate purposes, and to prevent data export security risks.
Explore the construction of a multi-channel and convenient data cross-border flow supervision mechanism, and improve the data cross-border flow supervision system coordinated by multiple departments.
Oppose data hegemony and data protectionism, and effectively deal with "long-arm jurisdiction" in the data field.
4. Establish a data element income distribution system that reflects efficiency and promotes fairness
Comply with the development trend of digital industrialization and industrial digitalization, give full play to the decisive role of the market in resource allocation, and better play the role of the government.
Improve the market-based allocation mechanism of data elements, expand the scope of market-based allocation of data elements and participate in distribution channels based on value contribution.
Improve the redistribution adjustment mechanism of data element benefits, so that all people can better share the fruits of digital economic development.
(12) Improve the data elements. The market evaluates the contribution and determines the remuneration mechanism according to the contribution.
Combine the characteristics of data elements, optimize the distribution structure, and build a data value distribution mechanism that combines fairness, efficiency, incentives and norms.
Adhere to the "two unwavering" principles, and follow the principle of "whoever invests, who contributes, and who benefits", focuses on protecting the input and output income of all participants in data elements, safeguards the rights and interests of data resource assets in accordance with laws and regulations, and explores the potential of individuals, enterprises, and the public The method of data sharing value and income, establishes and improves a more reasonable market evaluation mechanism, and promotes the matching of labor contributions and labor remuneration.
Promote the reasonable inclination of data element revenue to the creators of data value and use value, ensure that the investment in the development and mining of data value has corresponding returns, and strengthen the incentive orientation based on data value creation and value realization.
Through various revenue sharing methods such as dividends and commissions, the distribution of interests between relevant entities in different links such as data content collection, processing, circulation, and application is balanced.
(13) Make better use of the guiding and regulating role of the government in the distribution of income from data elements.
Gradually establish a system and mechanism to ensure fair data element income distribution, and pay more attention to public interests and relatively disadvantaged groups.
Increase the government's guidance and regulation, explore the establishment of a reasonable sharing mechanism for the benefits of opening up public data resources, and allow and encourage all types of enterprises to provide public welfare services based on public data in accordance with laws and regulations.
Promote large-scale data companies to actively assume social responsibilities, strengthen protection and assistance to vulnerable groups, and effectively deal with various risks and challenges in the process of digital transformation.
Continuously improve the data element market system and institutional rules, prevent and regulate the disorderly expansion of capital in the data field to form market monopoly and other issues in accordance with laws and regulations.
Coordinate the use of multi-channel funding resources, carry out data knowledge popularization and education and training, improve the digital literacy of society as a whole, focus on eliminating the digital divide between different regions and groups, enhance social equity, ensure people's livelihood and well-being, and promote common prosperity.
5. Establish a safe, controllable, flexible and inclusive data element governance system
Integrate security into the whole process of data governance, build a multi-party governance model coordinated by the government, enterprises, and society, innovate government governance methods, clarify the responsibilities and obligations of all parties, improve the industry self-discipline mechanism, standardize the market development order, and form an effective market and a promising government Combined data element governance landscape.
(14) Innovate government data governance mechanisms.
Give full play to the role of the government in orderly guiding and regulating development, keep the bottom line of safety, clarify the red line of supervision, and create a data element market environment that is safe, credible, inclusive and innovative, fair and open, and effectively supervised.
Strengthen sub-industry supervision and cross-industry coordinated supervision, establish a data joint management and joint governance mechanism, and establish and improve an error-tolerant and error-correcting mechanism that encourages and embraces innovation.
Establish compliance notarization, security review, algorithm review, monitoring and early warning systems for the entire process of data element production, circulation and use, and guide all parties to fulfill their data element circulation security responsibilities and obligations.
Establish and improve the data circulation supervision system, formulate a negative list of data circulation and transactions, and clarify the data items that cannot be traded or strictly restricted.
Strengthen anti-monopoly and anti-unfair competition, strengthen law enforcement and justice in key areas, strengthen the review of business operators' concentration in accordance with laws and regulations, investigate and deal with monopoly agreements, abuse of market dominance and illegal implementation of business operators' concentration activities in accordance with laws and regulations, and create fair competition, regulation and order market environment.
On the basis of implementing the network security level protection system, comprehensively strengthen data security protection work, improve the network and data security protection system, and enhance the defense-in-depth and comprehensive defense capabilities.
(15) Consolidate the data governance responsibilities of enterprises.
Adhere to the principle of "lenient entry and strict management", and firmly establish the sense of responsibility and self-discipline of the enterprise.
Encourage enterprises to actively participate in the construction of the data element market, and implement a data circulation transaction statement and commitment system for data vendors and third-party professional service agencies around data sources, data property rights, data quality, and data use.
Strictly implement relevant laws and regulations, and promote enterprises to assume corresponding responsibilities in accordance with laws and regulations in various links such as data collection and aggregation, processing, circulation and transaction, and sharing and utilization.
Enterprises should strictly abide by the anti-monopoly law and other relevant laws and regulations, and must not use data, algorithms and other advantages and technical means to eliminate or restrict competition and implement unfair competition.
Standardize the security management of government affairs data for enterprises to participate in the construction of government informatization to ensure that there are rules to follow, orderly development, and security and controllability.
Establish and improve the registration and disclosure mechanism of data elements, enhance corporate social responsibility, break the "data monopoly", and promote fair competition.
(16) Give full play to the collaborative governance role of social forces participating in multiple parties.
Encourage industry associations and other social forces to actively participate in the construction of the data element market, support the development of data circulation-related security technology research and development and services, and promote the safe and reliable circulation of data elements in different scenarios.
Establish a credit system for the data element market, and gradually improve mechanisms such as identification of untrustworthy data transactions, incentives for keeping promises, punishment for untrustworthiness, credit restoration, and objection handling.
Unblock the channels for reporting, complaints and dispute arbitration, and maintain a good order in the data element market.
Accelerate the implementation of national standards for data management capability maturity and data element management norms, and promote the improvement of standard systems for metadata management, data desensitization, data quality, and value evaluation in all departments and industries.
6. Safeguard measures
Increase overall planning and promotion, strengthen task implementation, innovate policy support, encourage qualified localities and industries to take the lead in system construction, technology paths, development models, etc., encourage enterprises to innovate internal data compliance management systems, and continuously explore and improve data basic system.
(17) Effectively strengthen organizational leadership.
Strengthen the party's overall leadership over the construction of the basic data system. Under the centralized and unified leadership of the Party Central Committee, give full play to the role of the inter-ministerial joint conference on digital economy development, strengthen overall work coordination, promote cross-regional, cross-departmental, and cross-level coordination and linkage, and strengthen supervision and guidance.
All regions and departments must attach great importance to the construction of basic data systems, unify their thinking and understanding, increase reform efforts, formulate work measures in light of their respective realities, refine the division of tasks, and do a good job in promoting their implementation.
(18) Increase policy support.
Accelerate the development of the data element market and make data element-based enterprises bigger and stronger.
Improve the level of financial services, guide venture capital companies to increase investment in data element-based enterprises, encourage credit agencies to provide diversified credit information services based on various data elements such as corporate operating data, and support real economy enterprises, especially small, medium and micro enterprises Digital transformation empowers credit financing.
Explore the new mode of data asset entry into the table.
(19) Actively encourage experimentation and exploration.
Adhere to the combination of top-level design and grass-roots exploration, support Zhejiang and other regions and qualified industries and enterprises to try first, give full play to the role of high-level open platforms such as free trade ports and free trade pilot zones, and guide enterprises and scientific research institutions to promote technologies related to data elements and industrial application innovation.
Adopt the method of "revealing the list and taking command" to support qualified departments and industries to accelerate breakthroughs in key technologies such as trusted data circulation and security governance, establish an innovative fault-tolerant mechanism, and explore and improve the property rights, pricing, circulation, transaction, use, distribution, governance, and other aspects of data elements. Safe policy standards and institutional mechanisms can better play the positive role of data elements.
(20) Steadily promote system construction.
Focusing on building a basic data system, gradually improve policies and standards for key links in major areas such as data property rights definition, data circulation and transactions, data element revenue distribution, public data authorized use, data trading venue construction, and data governance.
Strengthen theoretical research and legislative research on data property rights protection, data element market system construction, data element price formation mechanism, data element income distribution, data cross-border transmission, dispute resolution, etc., and promote the improvement of relevant legal systems.
Summarize and refine the experience and practices that can be replicated and promoted in a timely manner, and promote the construction of basic data systems to achieve new breakthroughs.
The Inter-Ministerial Joint Conference on the Development of the Digital Economy regularly evaluates the construction of the basic data system, makes dynamic adjustments in a timely manner, and promotes the continuous enrichment and improvement of the basic data system.