Abstract:Enterprise data possesses dual attributes as both a production factor and a social governance element.Its mandatory provision to the government constitutes a crucial institutional arrangement for facilitating public-private data interaction and establishing a comprehensive data-supported system for social governance.Current practices of mandatory data sharing in China can be categorized by the mode,scale,and frequency of sharing,including ex-post sharing versus real-time sharing,targeted sharing versus large-scale sharing,and routine sharing versus adhoc sharing.Mandatory enterprise data provision to the government is supported by a profound institutional logic:At the practical level,it stems from the public attributes of enterprise data and the objective needs of governmental governance.At the jurisprudential level,it aligns closely with the substantive requirement of maximizing data utility and the normative implications of the hierarchy of interest theory.At the technical level,it relies on technologies such as data anonymization and standardization,which clarify data ownership and feasibility in implementation.In response to the demands for refined and law-based data governance,the implementation of mandatory data provision should be limited to public interest purposes,delineated based on the principle of necessity and proportionality,established through strict procedural safeguards,and accompanied by a reasonable compensation mechanism.This approach will ultimately construct a legitimate,reasonable,secure,and efficient pathway for the mandatory provision of enterprise data to the government.
李治. 企业数据向政府强制共享的制度构造[J]. 中国科技论坛, 2026(6): 118-126.
Li Zhi. The Institutional Construction of Mandatory Enterprise Data Provision to the Government. , 2026(6): 118-126.