科学数据安全责任承担研究

Research on the responsibility of scientific data security

科研院所、高等院校等责任主体履行科学数据安全责任的前提是厘清科学数据安全责任的目标和类型,掌握责任主体数据权利的内涵及其被科学数据安全责任所重构的行使机制。责任主体履行数据安全责任一要在社会责任导向下,识别数据社会风险、遵循信息伦理、充分使用责任去中心化的手段保障科学数据安全;二要在权利保护导向下,通过保护对象数据权利、公共利益和自我数据权利分别承担对象数据、公共数据和自我数据安全责任。

Scientific data security concerns national security and is the core content of scientific data management.The collection,preservation,processing and open sharing of scientific data should be based on the premise of security management,and the security management of scientific data must be based on the responsibility of scientific data security.The premise for scientific research institu-tes,universities and other responsible subjects to fulfill the responsibility of scientific data security is to clarify the goal and type of sci-entific data security responsibility,grasp the connotation of the data rights of the responsible subjects and the exercise mechanism re-constructed by the responsibility of scientific data security.Scientific data security can be classified into static security and dynamic se-curity.The security responsibility of scientific data security aims at ensuring the static security of data with integrity,confidentiality and availability.Validity,legitimacy and persistence are the goals of data dynamic security.From the perspective of scientific research ac-tivities of responsible subjects of scientific data security,all kinds of data in scientific research activities can be summarized into three types:object data,public data and self-data.From the perspective of responsibility bearing of responsible subjects of scientific data security,harming individual interests in the data of the target,harming public interests in the public data and harming interests of the responsible subject in the self-data obviously belong to different levels of responsibility.Based on this idea,scientific data security re-sponsibility can be divided into three categories:object data security responsibility,public data security responsibility and self-data security responsibility.The data rights of scientific data security responsibility subject are stipulated or implied in the data security law,network security law,scientific data management method and other laws and regulations,and are realized in the legal relationship be-tween the subject responsible and the competent departments,fund sponsors,individuals as objects,and other responsible subjects,and the freedom to obtain the benefits of scientific data by taking data processing actions.Data risk has the characteristics of preventing the subject responsible for scientific data security from assuming data security responsibility,so the subject responsible for scientific da-ta security must take the prevention and control of data risk as an important criterion when exercising scientific data rights.The respon-sibility for scientific data security reconstructs the data rights exercise mechanism of the subject responsible through data risk prevention and control.The responsibility subject of scientific data security should actively undertake the responsibility of scientific data on the ba-sis of clear responsibility objectives and responsibility classification,and follow the principle of consistent responsibility and right.Un-der the guidance of social responsibility,the responsible subjects of scientific data security should identify the social risks of data ac-cording to the characteristics of static and dynamic security of scientific data,follow the information ethics,and make full use of the means of responsibility decentralization to ensure the security of scientific data.The responsibility classification and right exercise mechanism guide the responsibility subject of scientific data security to assume the responsibility of object data,public data and self-data security respectively by protecting object data rights,public interests and self-data rights under the guidance of right protection.