Shades of authoritarian digital sovereignty: divergences in Russian and Chinese data localisation regimes

Abstract

The concept of sovereignty is now referred to in cyberspace-related policy by a range of governments, both authoritarian and democratic. At the same time, the most prominent proponents of state – or sovereignty-centric models of internet governance are Russia and China, whose positions are often characterised as a shared ‘Sino-Russian’ model. This paper subjects this idea of a shared Sino-Russian approach to empirical scrutiny by conducting a comparative analysis of rules, regulations and policies on data localisation in both countries. By delimiting the research question to regulations on data localisation and cross-border data transfers in both countries, we identify an important set of similarities and differences between the Russian and Chinese approaches. They share some features associated with authoritarian regimes, such as uncertainty around the selective enforcement of broadly formulated rules and a centralised assessment of outbound data transfers. However, we also find significant differences in the level of institutional centralisation, degrees of responsiveness within the policymaking process, and economic logics driving data localisation and cross-border transfer regulations. Based on these findings, we argue that despite a perception that Russia and China adhere to a similar model of authoritarian digital sovereignty, there are significant disparities in their data localisation regimes.