BRICS can both build and deconstruct walls in ESGland

Is the effectiveness of the BRICS’ new sustainability platform blocked by China’s Great Firewall?

The BRICS Forum on Big Data for Sustainable Development at the end of April heard the welcome announcement of a new data sharing platform designed for scientists, engineers and policymakers from the 5 partner nations to share experiences and knowledge, with the goal of implementing the UN 2030 Agenda for Sustainable Development. As explained in the article below, when launched, this should be a fantastic initiative for collaboration among key stakeholders from some of most influential nations in the pursuit of global sustainability.

A note of caution though: is the venture practical from a Chinese data laws perspective?

China still deploys the playfully named “Great Firewall of China” to censure and control sensitive data flows into and around the Middle Kingdom. In addition to technical barriers, central authorities are developing laws which impose legal restrictions on sharing and using certain data that is designated as “important” or “key data”. More specifically, this classification of data may only be exported from China in certain circumstances. Typically, regulatory pre-approval would be needed.

As I discussed in a recent article on our sister TechInsights blog, the Chinese authorities are currently drafting guidance as to what this somewhat vague data type could comprise. Unfortunately for the BRICS’ project, the latest draft of these rules proposes several data characteristics that would seem relevant to information that might otherwise by great for sharing on the platform. These include:

• data that reflects the basic situation of national natural resources;
• data reflecting the reserves, development and supply of water resources, energy resources, land resources, mineral resources and other resources;
• data reflecting the research, development and application of biotechnology or related to major sudden outburst of infectious diseases, animal and plant epidemics, such as data on important biological resources, basic research data on microbial resistance, etc.;
• unpublished government statistical data; and
• data related to disease transmission and prevention, or related to food safety, such as food safety traceability identification information.

If the draft rules are enacted in their current form, and China-based science experts and others hoping to contribute to the platform interpret the catalogue conservatively, they might find themselves having to seek regulatory approval before disseminating data to their ESG peers overseas. However, the process and timeline for this approval is still to be confirmed.

It should be noted that China’s data laws are still evolving. It may be that cyber regulators publish clear guidelines on what can be shared for purposes evidently beneficial to the objectives of their government colleagues focussed on the country’s sustainability – the BRICS’ platform might warrant the need to construct a metaphorical window in the currently solid Great Firewall, so to speak. However, granting explicit, blanket exemptions has not traditionally been a favoured approach of lawmakers when it comes to China’s control of data – now dubbed one of its most important strategic resources.

If the BRICS’s initiative is going to be successful, leveraging Chinese big data will be crucial. Fingers crossed for the right policy developments soon. Watch this space!