On the Risks and Legal Regulation of Cross-Border Flow of Meteorological Data

Driven by the market-oriented development of data elements and the imperatives of international meteorological cooperation, the cross-border flow of meteorological data has become inevitable. However, current legislative practice and legal research in China have yet to pay sufficient attention to this issue. As a vital strategic resource, meteorological data possesses significant application value in areas such as disaster early warning, public services, empowering socio-economic development, and scientific research on climate change. Nevertheless, the cross-border flow of such data entails various legal risks, particularly concerning national security, economic security, and public interests. Applying a comprehensive research methodology that includes normative, comparative, and typological analysis, this paper first elucidates the normative connotation and application value of meteorological data, analyzes the current status of its cross-border flow, and explores its unique characteristics and potential risks. Secondly, based on the theory of risk classification and grading regulation, this study categorizes the risks of cross-border meteorological data flow into three types—national security threats, public interest threats, and commercial interest threats—from the dimensions of data attributes, infringed legal interests, and cross-border scenarios. Furthermore, according to the degree of harm, these risks are graded into three levels: high, medium, and low. Finally, the paper proposes that China should, within the existing legal framework, construct a unified national negative list for cross-border meteorological data flows, strengthen continuous post-transfer supervision and management, and actively participate in the formulation of international rules for meteorological data flows to ensure safe and orderly movement. This research provides theoretical support and legal recommendations for improving China's regulatory system for the cross-border flow of meteorological data, safeguarding national security, and promoting international cooperation.