Research On The Supervision Mechanism Of Cross-border Data Flow

In the digital economy era,data plays an important role in technological progress,institutional reforms,and efficient management systems.It also promotes the efficient allocation of various production factors such as personnel,technology,and capital in the world market.With the development of mobile data terminals and communication technologies,cross-border storage,flow,analysis and application of massive data have become inevitable.Cross-border data flow is a phenomenon produced by the convergence of the two major trends of information technology development and economic globalization,and has become an international An integral part of the economic order.While cross-border data flow brings great value to enterprises and users,it also creates potential risks to national security,social security,and personal privacy protection.While cross-border data flow brings us positive value,it is also accompanied by Risk is two sides of a "coin".In order to maximize the positive role of cross-border data flow,it is necessary to improve China’s cross-border data flow supervision mechanism in combination with useful international experience.The "Cyber ??Security Law" is the first law that provides in principle provisions for the cross-border data flow supervision measures.In the past,various departments adopted the scattered regulations to supervise the illegal activities of data,but there are still problems such as lack of supporting systems,weak enforcement,and difficulty in operation.As the second largest economy in the world,China has a large population and a large number of netizens.It is conceivable that data will become one of China’s main development drivers in the future.This has led to the problem of supervision of cross-border data illegal activities,developed countries and regional International organizations have established a more systematic monitoring mechanism for cross-border data violations.China should use it for reference,detail the provisions on cross-border data flow in the Cyber??Security Law,and formulate relevant supporting systems in a timely manner to actively participate in international Cooperation to establish a complete cross-border data flow supervision mechanism.There are five chapters except the introduction and the conclusion.The first part is the background,value,risks and necessity of cross-border data flow.The digital economy is the background of cross-border data flow.While cross-border data flow generates positive value for business operating costs and innovation capabilities,it also posesa potential threat to national security and social stability,personal data protection,etc.Therefore,it is necessary to supervise the cross-border data flow in order to improve China ’s personal data protection capabilities and the right to participate in the formulation of international rules.The second part is the international rules for the supervision of cross-border data flow,which mainly includes the relevant arrangements of the cross-border data flow system in the Asia-Pacific Economic Cooperation,the US-Korea Free Trade Agreement and the US-Mexico-Canada Agreement.The second part is the international rules for the supervision of cross-border data flow,which mainly includes the arrangements related to the cross-border data flow system in the Asia-Pacific Economic Cooperation,the US-Korea Free Trade Agreement and the US-Mexico-Canada Agreement.The fourth part is the current situation of China’s cross-border data flow supervision.It mainly includes the legislative system,main content and regulatory dilemma of cross-border data flow supervision in China.Due to the characteristics of concealment,intangibility and exponential growth of data itself,it has increased the difficulty of supervision of cross-border data flow by competent authorities.At the same time,due to the more legal provisions on cross-border data flow in existing laws,the lack of comprehensive supporting measures Insufficient enforcement and excessively strict regulatory measures may have a negative impact on the economy.The fifth part is to improve the supervision mechanism of China’s cross-border data flow,mainly including the legislative reference to foreign experience to improve the "Network Security Law" and its supporting system,establish a unified law enforcement system,promote enterprises to establish a sound data protection mechanism,strengthen international Cooperation etc.