A New Decade For Soci Al Changes
A New Decade For Soci Al Changes
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2024
ANewDecadef
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Technium Social Sciences Journal
Vol. 58, 100-112, June, 2024
ISSN: 2668-7798
www.techniumscience.com
Li Jie
Hunan University of Technology and Business
Abstract. Introduction: The study emphasizes non-personal data protection and proposes a way
tailored to China's particular requirements for machine-generated data legal protection.
Integrating foreign experiences into legislation is the goal. Aim and objectives: This study
examines machine-generated data legal protections throughout data marketization to understand
and improve its protection in changing digital environments. Method: This study compared
China's growing data protection rules to Europe's GDPR and the US's CCPA. The study uses the
Penta Helix framework to evaluate non-personal data in Shenzhen, Southern China, using
document reviews, field observations, interviews, and surveys. Data quality, commercial sector
compliance, public sector effect, academic contributions, civil society involvement, innovation,
and ethics are evaluated. Result: This study compares Chinese and American non-personal data
governance. The Cybersecurity and Data Security Law in China and the California Consumer
Privacy Act in the US are highlighted. Clear frameworks and international coordination are
needed to define and protect non-personal data. The private sector needs, public sector
governance, academia's concerns, and civil society's participation. Both countries must balance
data-driven innovation with privacy, security, and ethics. Conclusion: Safeguarding China's non-
personal data rights, particularly machine-generated data, is imperative, requiring global
perspectives, rigorous legal analysis, and collaboration to navigate challenges
Introduction
The paradigm and modern business practices have changed with the introduction of
data-centric efforts at the beginning of the twenty-first century. Within the digital ecosystem,
data-driven innovation (DDI) techniques have spurred the development of new products,
business models, and opportunities [1]. The digital ecosystem is made up In online markets
where data, or information produced as a result of user behavior, is kept. After that, this data
may be examined to look for trends and patterns. Similarly, In response, new advances in
information and data sciences have led to the creation of sophisticated business data
management strategies, the application of concepts from data robotics, intelligence for
marketing and business intelligence, as well as the ability to use artificial intelligence to make
a range of predictions [2]. Digital markets today include social networks, large marketplaces,
and any electronic platform that combines traffic from many users who are identifiable through
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Vol. 58, 100-112, June, 2024
ISSN: 2668-7798
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online communities. Online communities are frequently formed by users, where they discuss
businesses, exchange issues and interests in goods and services, and engage in other activities
that encourage participation [3]. The term "user-generated data" (UGD) refers to the data that
these user actions create. All forms of information and data that consumers individually
generate as a result of interacting with the elements that make up any particular digital market
are included in user-generated content (UGD), including reviews, comments, experiences,
feelings, and actions. Overall, a great deal of research has been done on data analysis techniques
in the literature [4]. These and related studies provide an overview of the techniques used to
collect, arrange, analyze, and understand enormous amounts of data. The concept of analyzing
vast volumes of data contextualizes all of these methods. In general, Numerous studies on data
analysis methods have been conducted in the literature. These and related studies provide an
overview of the techniques used to collect, arrange, analyze, and understand enormous amounts
of data. Every one of these methods is explained in the context of the Businesses developing
plans under the BDA and UGD frameworks with the goal of increasing their profits in the digital
markets [5]. Still, there may be privacy issues with these tactics. This occurs as a result of
companies placing their financial objectives ahead of usefulness, practical information
architecture, and overall user experience while upholding ethical design principles [6]—Big
Data Analytics idea. Numerous earlier Studies have underlined the importance of concepts like
ethical design and surveillance capitalism in social networks since users may not be aware that
they have been manipulated in online markets by means of behavior prediction, information
architecture, or advertising. DDI frequently causes these strategies, which businesses explore
in their digital ecosystems [7].
Under the general heading of "machine-generated data," Data generated by robots and
sensors has emerged as a new type of data. The growing volume of data generated by private
businesses has drawn the attention of regulators and the market to this emerging category. Data
that is automatically produced by a computer program, method, or other mechanism with no
direct involvement of a human is referred to as machine-generated data [8]. The Web and the
Internet of Everything provide the most notable instances, as their method of operation involves
automatically collecting user data to improve services and user experience. In reality, the
volume of data generated, gathered, and processed has already caused major disruptions in a
number of commercial areas [9]. For example, data gathering and processing are essential to
the operation of autonomous automobiles since they enable the vehicle to fulfill fundamental
functions and offer enhanced services [10]. Similar to this, A combination of networked and
Internet-connected gadgets make up smart homes. That gather and process data to provide
services that maximize efficiency and comfort. Additionally, smart thermostats provide energy
savings by learning the routines and behaviors of their users and allowing for remote
temperature adjustment. Smart farming equipment has completely changed the agricultural
industry's production and economic landscape by enabling the gathering, analyzing, and sharing
of data on farming operations [11].
This current study outlines a comprehensive approach to the legal Protection of
machine-generated data within the context of data marketization in China. It begins by
emphasizing the importance of understanding non-personal data protection and delving into
progressive levels of data comprehension. The focus then shifts to deconstructing the logical
content of machine-generated data, redefining attribution subjects and protection scopes based
on legal interests. The ultimate goal is to integrate normative interpretation, understanding, and
application of data legal interests in response to evolving social and economic landscapes.
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Vol. 58, 100-112, June, 2024
ISSN: 2668-7798
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The research content encompasses the necessity of legal interest protection, logical
construction, and a proposed Chinese path. Key issues include integrating foreign legislative
systems, improving China's legal interest protection theory, and addressing controversies
surrounding the ownership and protection scope of machine-generated data. The paper seeks to
contribute to the legislative conception and construction of relevant systems in China by
exploring foreign experiences and tailoring solutions to the country's unique conditions.
Method
The current discussion concerns people-centered smart cities and the suitability of data
governance frameworks across geographies. Different city typologies, cultural elements, urban
traditions, degrees of development, and political systems complicate the smart city approach.
However, these characteristics are rooted in a particular setting, making extrapolation or
generalization problematic. Hence, simplifying regional typologies may hinder generalizations
regarding data governance structures. The GDPR in Europe is one of the strongest privacy
legislation. Another privacy law that emerged in USA is California Consumer Privacy Act
(CCPA). GDPR in Europe was enacted from 2018 while CCPA was enacted from 2020. China
lacks a data protection law that is as all-encompassing as the EU's General Data Protection
Regulation (GDPR). Nonetheless, China has passed several rules and statutes addressing
various parts of data protection.
Cybersecurity Law (CSL): Data localization requirements and protection of personal
information are two of the many duties imposed on network operators by the CSL, which was
passed in 2017 with the goal of protecting the country's cyberspace.
Data Security Law (DSL): The effective date of this law, which was passed in June of
2021, is September 1, 2021. Important data is the primary emphasis, and companies are
obligated to classify data and implement appropriate security measures.
Personal Information Protection Law (PIPL): With its effective date of November 1,
2021, this law grants individuals certain rights with respect to their non-personal data and is
primarily concerned with protecting such data. Data subject rights, permission, and
international data transfers are all part of it.
California Consumer Privacy Act (CCPA): The CCPA, which was passed in 2018 and
it was into effect on January 1, 2020, offers certain protections to individuals residing in
California with respect to their non-personal information and places duties on companies that
handle this data.
Health Insurance Portability and Accountability Act (HIPAA): HIPAA, enacted in
1996, primarily aims to safeguard the confidentiality and integrity of medical data.
Gramm-Leach-Bliley Act (GLBA): The Gramm-Leach-Bliley Act (GLBA), passed in
1999, mandates that financial organisations must guarantee the protection and privacy of
consumer nonpublic personal information.
Children's Online Privacy Protection Act (COPPA): COPPA, implemented in 1998,
aims to safeguard the privacy of children under 13 by controlling the gathering of their personal
information on websites.
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framework including processes and tools. Create a data-collecting plan using surveys,
observations, or automated technologies.
Framework Utilization: Employ the Penta Helix framework, encompassing public,
private, academic, civic society, and social entrepreneur perspectives. Design framework-
specific instruments that meet study goals. Data collection should be done carefully using
technology. Check and verify non-personal data after collection. Use the right analytical
methods to get insights, interpret data, and make recommendations. Maintain ethical standards,
respect privacy, and comply with data protection legislation, recognising non-personal data's
unique qualities.
Data Collection
Document Review: Systematic non-personal data collection uses numerous ways.
Document review entails reviewing study-related records, publications, and materials.
Field Observations: Conduct on-site visits in Shenzhen, observing the transformation
of the Special Business Zone and its impact on data governance. Field observations provide
real-time insights on non-personal data in its natural surroundings. Focused interviews with
experts or stakeholders can provide significant insights on non-personal data.
Interviews and Surveys: Engage with stakeholders from public, private, academic,
civic society, and social entrepreneur sectors to gather diverse perspectives on PIPL
implementation. Surveys collect quantitative or qualitative data from a predefined sample in
person or online. Document reviews, field observations, interviews, and surveys capture
different non-personal data. These methods provide a complete understanding of the topic,
enabling strong analysis and valuable insights. Ethical considerations, data accuracy, and
regulatory compliance should guide these activities.
Data Evaluation
Quantitative Analysis: Summarize private sector compliance with non-personal using
Table 1, highlighting key points and implications for data governance.
Qualitative Analysis: Analyze Tables 2, 3, 4, and 5 to understand the impact of non-
personal on the public sector, academia, civil society, and social entrepreneurs. Identify key
points and implications for data governance.
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Innovation and Social Impact: Explore how non-personal data promotes creativity in
social entrepreneurship. Examine activists' use of non-personal data for advocacy and change.
Ethical Considerations: Consider ethical issues regarding non-personal data gathering,
exchange, and use. Analyse non-personal data fairness, openness, and accountability measures.
Result Findings
Cybersecurity, Data Security, and Personal Information Protection Laws in China
safeguard non-personal data. The 2017 CSL requires network operators to localise data and
protect personal data. Since September 1, 2021, the DSL requires enterprises to classify and
secure sensitive data. Since November 1, 2021, the PIPL has focused on data subject rights,
authorization, and international data transfers. These measures show China's commitment to
data privacy, but there is no comprehensive statute like the EU's GDPR. Sector-specific
regulations rather than a nationwide statute govern non-personal data in the US. The 2020
California Consumer Privacy Act (CCPA) protects California residents' personal data.
Furthermore, sector-specific laws like HIPAA and GLBA protect data in specialised businesses.
Nonetheless, these initiatives leave a fragmented regulatory framework for non-personal data
protection without a federal statute. Both countries struggle to balance data-driven innovation
with privacy and security.
Table 1 highlights private sector non-personal data essentials. It defines non-personal
data as electronic information without personally identifiable details and stresses the necessity
for explicit legislative standards to avoid re-identification. Non-personal data, from
meteorological data to anonymised personal data, highlights the need for appropriate
anonymization and pseudoanonymization techniques. Non-personal data has economic worth,
emphasising the need for data exchange and collaboration while balancing business interests
and privacy concerns. The EU's Free Flow of Non-Personal Data Regulation requires legal and
ethical frameworks to control non-personal data to ensure innovation meets societal needs. Re-
identification issues highlight the need for strong security and data reduction. Finally, the social
impact of non-personal data, both for public good and possible discrimination, emphasises
ethical and responsible usage, bias mitigation, and data governance openness and
accountability.
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Table 2 contrasts US and Chinese public sector data governance elements. China's
Cybersecurity Law, Data Security Law, and Personal Information Protection Law and the US's
Federal Trade Commission Act and sector-specific legislation like HIPAA address data security
and privacy. Non-personal data is in a regulatory grey area in both countries because no laws
regulate it. A shared need for a clearer definition and scope exists in China, where non-personal
data is often described by what it isn't, and in the US, where it is mostly focused on personal
and "de-identified" data. Different data ownership and control systems could affect
collaboration, and encouraging data sharing for national objectives with differing government
monitoring underscores the need for clear frameworks to balance public interest with
commercial potential. Both nations face anonymization and pseudonymization issues,
highlighting the necessity for strong norms and monitoring. Personal and non-personal data
security and breach notification differ in both nations, emphasising the need for improved data
protection and comparable reporting regulations. China and the US need to increase data misuse
enforcement and punishments, even for non-personal data.
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resource constraints. Ethical data use rules and oversight procedures are essential for trust and
ethics. Finally, the growing demand for open access to research data requires a careful balance
between transparency, data privacy, and intellectual property rights, requiring clear policies and
support for data stewardship and management to promote transparency in research methods and
data analysis.
Table 4 highlights civic society's use of non-personal data. NGO and civil society
organisations use non-personal data for environmental monitoring and human rights
campaigning, however there are concerns about misuse for social control. Data governance
implications highlight the need for civil society data use frameworks that promote openness,
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accountability, and public interest. The table also emphasises the need for data literacy and
awareness education and training to improve public knowledge and responsible use of data.
Civil society's request for open government data is acknowledged, with business interests and
privacy considerations balanced. The table also highlights civil society's crucial role in
combating algorithmic bias and prejudice, fostering transparency, and holding decision-makers
accountable. Finally, civil society advocacy for individual data rights and participation in non-
personal data governance policymaking processes are stressed, encouraging meaningful
engagement and effective data protection policies.
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Table 5 discusses social entrepreneurs and activists using non-personal data for good.
It emphasises their use of creative data analysis to solve poverty, healthcare access, and
environmental monitoring, requiring ethical data usage regulations and frameworks. The table
also shows social activists' campaigns against discriminatory algorithms and ethical data
practices. The recommended implication is encouraging social entrepreneurs, activists, and data
governance agencies to discuss ethical issues and support responsible data practices. Social
entrepreneurs' data access issues highlight the need for equitable and transparent data sharing
systems, open data initiatives, and partnerships while protecting privacy and security.
Community-based data governance approaches that respect local contexts are needed to develop
confidence with vulnerable communities for effective data use.
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Discussion
There is potential for data-driven innovation to revolutionize the way that knowledge
discovery and business are now conducted. Because of this, the European Commission has
made data sharing one of its main priorities as it works to establish a digital single market.
Intelligent data provided by Internet-connected devices (IoT) is becoming more and more
valuable [12]. Wearables and smart homes alike may benefit greatly from machine-generated
data in terms of development, education, and resolving issues. To make these types of data
accessible to academics, it is necessary to comprehend the motivations that drive the sharing of
all the relevant data as well as to articulate the current legal barriers and suggested legal
remedies [13].
The method by which data are gathered, shared, and altered has altered due to the
Internet's exponential growth in popularity. Unthinkable changes have occurred in processing
speeds, information quantities, and content relevancy so quickly [14]. This relates to the desire
to provide individualized services by utilizing the data at hand. Non-personal data is a crucial
component of many organizations, and big data accounts for up to eighty percent of all data
kept in these types of establishments. Organizations often store data from a variety of sources,
including individuals, organizations, and gadgets [15]. These sources also act as the data
generators. The recipients of such publications become the information consumers as these data
might be disseminated or shared with other businesses or people [16]. This study highlights
issues in gauging the value of data and connects them to publishing privacy protection. In order
to assess the likelihood of correctly predicting sensitive qualities and to confirm the usefulness
of the information, data mining models are developed [17].
The current wave of progress in wireless communication technology has led to an
enormous amount of data being produced [18]. The majority of our data is part of a global
network that links numerous devices. Every day, electronic devices' capabilities grow,
increasing the amount of information generated and shared [19]. In a similar vein, security
vulnerabilities have grown more common as cell phone network topologies grow more varied
and intricate has made it more difficult for intelligent mobile services and applications to
become widely adopted, and the variety of platforms that offer end users access to data, storage,
processing, and application services [20]. In these kinds of situations, protecting data and
monitoring its usage and misuse becomes essential. The research indicates that in order to
handle such a complex network, an artificial intelligence-based security approach ought to
ensure the confidentiality, integrity, including legitimacy of the hardware, the software, and the
network's governing protocols, irrespective of the system's generation [21]. We've looked
closely at the open challenges that mobile networks continue to confront, such as fraud links,
unauthorized network scanning, and more [22]. There is a discussion of several cyber security
concerns and how to construct a secure environment using ML and DL approaches. Since there
are countless ways to improve mobile network security, we address the need to create new
strategies to ensure the safety of digital information in these networks [23].
Conclusion
This study concludes that safeguarding China's non-personal data rights, particularly
machine-generated data, is imperative, requiring global perspectives, rigorous legal analysis,
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and collaboration to navigate challenges posed by favoritism towards personal data legislation
and to define effective ownership options. This study concluded that China's non-personal data
protection landscape, focusing on machine-generated data and attribution issues. Protecting
non-personal data rights, specifically machine-generated data, was the main goal. The
favouritism of personal data legislation might cause disagreement, and resolving it was difficult.
The study sought global perspectives to propose effective ownership options for non-personal
data. It rigorously analysed legal protections for machine-generated data in the context of data
marketization to improve its protection in dynamic digital contexts. The research compared
GDPR in Europe, CCPA in the US, and China's growing data protection rules by evaluating
data governance systems in people-centered smart cities across varied geographies. The Penta
Helix structure in Shenzhen enabled document study, field observations, interviews, and
surveys to collect non-personal data and reveal its multidimensional impact across sectors. The
US California Consumer Privacy Act and Chinese Cybersecurity and Data Security Laws were
highlighted in the comparison analysis. The study stressed the importance of clear rules and
international collaboration to define and preserve non-personal data.
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