Although the National Data Bureau is a newly established department, its government functions and responsibilities are [already] quite heavy and arduous.

Li Guangqian
Chief of Research Division I, Information Center
Development Research Center of the State Council
 

Li Guangqian, an expert on China’s national informatization development strategy at the Development Research Center of the State Council, published a short article yesterday in Legal Daily on Digital China and the new National Data Bureau. No breaking news in the article, but he does provide an interesting perspective on the decision to create the bureau, the history of data as a factor of production, and the greatest challenges the new bureau will face.

Li notes that the biggest breakthrough gained by establishing the new National Data Bureau is the “management of data through its entire life cycle.” Processes like data generation, transmission, storage, processing and handling, circulation and trading, and development and use, will all be within the scope of the new bureau’s overall planning and management responsibilities. Due to the key role of data, Li adds that the new bureau will also “operate and manage the future development of China’s digital economy.”

Li recalls the Fourth Plenary Session of the 19th Central Committee in October 2019, which proposed for the first time that data is a factor of production, explicitly called for a robust mechanism whereby factors of production such as labor, capital, land, knowledge, technology, management and data are all “evaluated by the market for their contribution, and then rewarded based on this contribution.”

Li also notes the “heavy and arduous” tasks the bureau faces ranging from the sharing and use of government data resources, the construction of the Nationally Unified System of Big Data Centers, big data trading and circulation, cross-border data flow, data security management, as well as overall planning and promotion of Digital China construction. The latter includes the construction of a digital economy, digital society, digital government, digital ecology, and a modern industrial system. He notes “the National Data Bureau has a long way to go.”

Translation Note: "国家统一大数据中心体系" is a New Type Infrastructure (NTI) Tier 3 sub-category and has been translated by PRC state-run English-language media as both "Nationally Integrated System of Big Data Centers" (more frequent at the time it was announced) and "Nationally Unified System of Big Data Centers" (more frequent now).

Li names the five areas where he believes the bureau will have its “toughest battles:”

First, Sharing and development of data resources. This includes not only the sharing and development of government data and data of public institutions, but also the issue of data development and interconnection for large Internet platforms.

Second, Accelerating construction of the Nationally Unified System of Big Data Centers. In particular, accelerating construction of the “Eastern Data Western Computing” project to handle increasing demand for computing power rising out of the AI industry’s growth and output.

Third, Resolving the contradiction between protecting private data and the development and use of data itself.

Fourth, Promoting data element processes and exploring a data trading and circulation system.

Fifth, Developing an effective mechanism for cross-border data flow.

Finally, Li specifically highlights that, “In the face of the current anti-globalization trend and data localization requirements, how to ensure the transnational development of the platform economy while ensuring data sovereignty is a major issue facing the current development of China’s digital economy that must be solved.”

Translation Note: The PRC has not yet announced the official English-language title of the "国家数据局." It has been translated as both "National Data Bureau" (mostly PRC English-language media) and "National Data Administration" (expert predictions both inside and outside China). One Beijing law firm recently published its prediction of "National Data Administration" along with the acronym "NDA" based on the precedent of the NDRC's "National Energy Administration," and even predicted the NDA's future web address as www.nda.gov.cn or www.data.gov.cn. It seems like a good guess. I generally stick with the PRC state-run media translation until the official announcement/revealing of a new title. 

A barely edited DeepL translation of the article follows:

Injecting New Momentum Into Digital China Construction
March 15, 2023
Legal Daily
Li Guangqian

为数字中国建设注入新动力
2023年03月15日 07:26   来源:法治日报   李广乾

Recently, the 14th National People's Congress held its Third Plenary and voted to adopt the State Council Institutional Reform Plan. The plan calls for the establishment of the National Data Bureau, which is responsible for [things like] coordinating and promoting the construction of Basic Systems for Data, overall planning for data resource integration & sharing and for development & use, as well as overall planning and promotion of Digital China, Digital Economy, and Digital Society construction. These responsibilities are mainly transferred from the Office of the Central Cyberspace Affairs Commission and the National Development and Reform Commission. The National Data Bureau is managed by the National Development and Reform Commission.

近日,十四届全国人大一次会议举行第三次全体会议,表决通过了国务院机构改革方案。该方案要求组建国家数据局,负责协调推进数据基础制度建设,统筹数据资源整合共享和开发利用,统筹推进数字中国、数字经济、数字社会规划和建设等。这些职责主要来自中央网信办和国家发改委相关职责的划转,国家数据局由国家发改委管理。

Unlike other government institutional reforms, the National Data Bureau is a newly established functional management department of the State Council, which not only involves the reform and optimization of the work functions of several current government agencies, but also will operate and manage the future development of our country's digital economy. As a result, as soon as it was launched, the bureau received wide attention and lively discussion from the whole society.

与其他的政府机构改革不同,国家数据局是新设立的国务院职能管理部门,不仅涉及当前多个政府机构工作职能的改革与优化,还将运营管理我国数字经济的未来发展。因而,一经推出,便受到全社会的广泛关注和热烈讨论。

The establishment of the National Data Bureau is an inevitable requirement for the deepening development of our country's informatization and digital economy. As early as the late 1990s, our country began to establish specialized organizations to promote informatized development. Although it has been adjusted many times since then, mechanisms and agencies to promote informatized applications have always existed, right up until the Central Cyberspace Affairs Commission and its Office after the 18th Party Congress.

组建国家数据局是我国信息化和数字经济深化发展的必然要求。早在20世纪90年代末期,我国就开始建立促进信息化发展的专门组织机构。此后虽然经历多次调整,但信息化应用推广机制与机构一直存在,一直到党的十八大之后的中央网络安全和信息化委员会及其办公室。

In recent years, data has gradually become the core content that is key for development of informatization and the digital economy, and data resource management has increasingly become an independent issue. To this end, as early as 2015, the State Council issued the “Action Outline for Promoting the Development of Big Data.” In October 2019, the Fourth Plenary Session of the 19th Central Committee proposed for the first time that data is a factor of production and explicitly called for a robust mechanism whereby factors of production such as labor, capital, land, knowledge, technology, management and data are evaluated by the market for their contribution, and then rewarded based on this evaluation. Subsequently, the Central Committee and the State Council also issued the "Opinion on Improving the Systems and Mechanisms for Market-based Allocation of Factors of Production" and the "Opinion on Building Basic Systems for Data to Unleash the Role of Data Elements," both of these aimed at strengthening the foundation of the data governance system.

近些年来,数据逐渐成为信息化和数字经济发展的关键核心内容,数据资源管理日益成为一个独立的问题。为此,早在2015年,国务院就印发了《促进大数据发展行动纲要》;2019年10月,党的十九届四中全会首次提出数据是一种生产要素,明确要求健全劳动、资本、土地、知识、技术、管理、数据等生产要素由市场评价贡献、按贡献决定报酬的机制;随后,中共中央、国务院又印发了《关于构建更加完善的要素市场化配置体制机制的意见》《关于构建数据基础制度更好发挥数据要素作用的意见》,旨在夯实数据治理制度根基。

Therefore, the specialized management of data elements and data resources has increasingly become an independent government function. In fact, for a period of time, many places in China have begun to establish their own big data bureaus to explore ways to effectively manage big data resources. For example, as early as 2015, Guizhou Province established a Big Data Development Management Bureau; in 2018, Zhejiang, Shandong, Fujian and other provinces also established big data bureaus. In this sense, the formation of the National Data Bureau can also be seen as a matter of course.

因此,对数据要素与数据资源进行专门管理,日益成为一项独立的政府职能。实际上,一段时间以来国内不少地方已经开始建立各自的大数据局,探索对大数据资源进行有效管理的路径。例如,早在2015年,贵州省就挂牌成立了大数据发展管理局;2018年,浙江、山东、福建等省也成立了大数据局。从这个意义上讲,组建国家数据局也可看作是一个水到渠成的问题。

From the functional arrangement of the State Council Institutional Reform Plan, the biggest breakthrough of the National Data Bureau is realizing the management of data based on its entire life cycle, including processes like the generation, transmission, storage, processing and handling, circulation and trading, and development and use, will all be included within the scope of its overall planning and management. This will fundamentally overcome the long-standing drawbacks of scattered management, duplicative construction, and inefficient use of national data resources. 

从国务院机构改革方案的职能安排来看,国家数据局的最大突破是实现了基于数据全生命周期的管理,数据资源的产生、传输、存储、加工处理、流通交易、开发利用等各个流程,都将纳入其统筹管理范围之内。这将从根本上克服长期以来国家数据资源分散管理、重复建设、低效使用等弊端。

Although the National Data Bureau is only a newly established department, its government functions and responsibilities are quite heavy and arduous. Judging from the above arrangement of responsibilities, the National Data Bureau duties will involve the sharing and use of government data resources, the construction of the Nationally Unified System of Big Data Centers, big data trading and circulation, cross-border data flow, data security management, as well as many others.[And all of these] are closely related to other aspects like e-government affairs, e-commerce, smart cities, Digital China, data elements, and data governance. Among these, the overall planning and promotion of Digital China construction which includes the construction of a digital economy, digital society, digital government, digital ecology, and a modern industrial system, are all major issues in current national economic and social development. Therefore, the National Data Bureau has a long way to go.

尽管国家数据局只是一个新设立部门,但其政府职能和职责安排却是相当繁重和艰巨的。从上述职责安排来看,国家数据局将涉及政府数据资源共享开放、国家统一大数据中心体系建设、大数据交易与流通、跨境数据流动、数据安全管理等诸多内容,与电子政务、电子商务、智慧城市、数字中国、数据要素、数据治理等各个方面紧密相关。其中,统筹推进数字中国建设就包括数字经济、数字社会、数字政府与数字生态、现代产业体系建设等内容,都是当前国民经济与社会发展的重大课题。因此,国家数据局任重道远。

From the current development trend and requirements, the National Data Bureau will carry out an tough battle in the following key issues and areas. The first is the sharing and development of data resources. It includes not only the sharing and development of government data and data of public institutions, but also the issue of data development and interconnection for large Internet platforms. The second is to accelerate the construction of the National System of Integrated Big Data Centers. In particular, this is accelerating the construction of the "Eastern Data Western Computing” project to cope with the increasing demand for massive computing power growing out of AI industry’s major development and output. The third is to deal with and weigh the contradiction between protection of private data and data development and use. The fourth is to promote data elements processes and to explore the data trading and circulation system (制度). The fifth is to explore an effective mechanism for cross-border data flow. In the face of the current anti-globalization trend and data localization requirements, how to ensure the transnational development of the platform economy while ensuring data sovereignty is a major issue facing the current development of China’s digital economy that must be solved.

从当前发展趋势与要求来看,国家数据局将在如下几个关键问题和领域开展攻坚战。首先是数据资源的共享开放。不仅包括政府数据和公共事业机构数据的共享开放,也包括大型互联网平台数据的开放与互联互通问题。其次是加快全国一体化大数据中心体系建设。特别是加快“东数西算”工程建设,以应对人工智能产业大发展而产生的、日益增长的海量算力需求。第三是处理和权衡隐私数据保护与数据开发利用之间的矛盾。第四是推进数据要素进程,着力探索数据交易流通制度。第五是探索有效的跨境数据流动机制。面对当前逆全球化趋势和数据本地化要求,如何在确保数据主权的前提下实现平台经济的跨国发展,是当前我国数字经济发展面临的一个需要解决的重大问题。

Of course, the difficulties and problems faced by the National Data Bureau in the future are far more than these. In general, there are both old and persistent diseases and new challenges. It is precisely because of this that the National Data Bureau setting sail is so promising.

当然,未来国家数据局面临的困难和问题远不止这些。总的来看,既有老顽疾,又有新挑战。也正因为如此,正扬帆起航的国家数据局才如此令人期待。