关键词: 数据主权, 国家主权, 跨境数据, 管控权, 网络安全法

Abstract: The concept of data sovereignty derives from national sovereignty theory, emphasizing on the exclusive rights of the nation. The data has some attributes of the “thing”, and thus the utilization of data is similar as that of thing. All these can attribute the exclusive control of the subject on the application of data. The broad concept of data sovereignty includes the national data power and personal data rights. The crossborder data flows have brought challenges to national sovereignty and posed issues regarding data retention, private relief and enterprise's compliance. The legislation of Cybersecurity Law in our country should provide the principle of data sovereignty, enhance the consciousness of national sovereignty, strengthen the national exclusive power on data and clarify the boundaries between the national power and the private rights regarding data, which can be helpful to deal with the challenge and issues posed by crossborder data flows.

Key words: data sovereignty, national sovereignty, crossborder data, exclusive rights, cyber security