专访原海南省大数据管理局局长董学耕：以数据跨境为桥连接全球数字经济 海南探路数据跨境“自贸港模式”

Core Insights - Hainan Free Trade Port officially launched its full island closure on December 18, focusing on cross-border data flow management through a negative list-based "non-prohibition unless permitted" model, which is seen as a significant practice for exploring safe and orderly cross-border data flow [1] Group 1: Hainan's Unique Approach - Hainan's differentiated exploration in cross-border data flow management is characterized by two main aspects: industry focus and optimized regulatory processes [2] - The emphasis on specific industries such as deep-sea technology, commercial aerospace, low-altitude economy, modern agriculture, tourism, and modern services aligns with regional resource endowments and strategic positioning [2] - Hainan allows data to exit under specified conditions without prior approval, enhancing operational efficiency for enterprises [2] Group 2: Negative List Management - A clear and actionable negative list for regulated "important data" and "personal information" is an efficient management approach that helps enterprises understand and comply with rules [3] - The negative list management mechanism aims for precise scene identification, ensuring clarity and operational feasibility for businesses [3] - Continuous optimization of the negative list is necessary, including timely revisions and expansions to enhance policy transparency and predictability [3] Group 3: Regulatory Framework for Data Flow - The "Regulations on the Development of International Data Centers in Hainan Free Trade Port" was approved on November 29, 2024, supporting domestic and foreign enterprises in establishing international data centers [4] - The business forms include "foreign data for foreign use," "domestic data for foreign use," and "foreign data for domestic use," each with specific compliance requirements [4] Group 4: Infrastructure and Soft Environment - Key infrastructure such as the Haikou International Communication Business Entry Bureau and cross-border submarine cables are being developed to support safe and orderly cross-border data flow [5] - The establishment of a supportive "soft environment" through rules, regulations, and standards is crucial for maximizing the effectiveness of hard infrastructure [5] Group 5: Opening Up to Foreign Investment - Hainan has lifted several foreign equity restrictions in value-added telecommunications services, allowing foreign investment in cloud services and computing markets [6] - The pilot program aims to attract international enterprises and enhance China's digital industry development [6] Group 6: Future Directions and Innovations - Hainan aims to promote data security and orderly flow as outlined in its overall construction plan, focusing on replicable and scalable practices in cross-border data flow [9] - Future exploration will focus on four areas: promoting "foreign data for foreign use," regulating "domestic data for foreign use," exploring "foreign data for domestic use," and integrating these data flow models [9]