| The regulation of the cross-border flow of financial data is essentially a legal restriction imposed by the state’s public power on the management of economic and social life and financial markets.However,due to the strong conflict between the need for financial data protection and the need for financial data sharing,this article attempts to Discuss how this restriction should be carried out in an appropriate manner within reasonable limits under the premise of comprehensively considering my country’s social and economic conditions and development direction,so as to ensure the security of financial data while efficiently exerting its economic value.This article takes the data rights of financial data subjects,the scope of financial data,the scope and obligations of financial data controllers,and the purpose and conditions of cross-border transmission of financial data as the entry point,and combines the important nodes in the process of cross-border transmission of financial data with my country’s current Analyze the reality.Combining the chronological order to sort out the development of China’ s legislation on cross-border data transmission,it is concluded that China’ s problems in regulating the cross-border flow of financial data are mainly reflected in the following four aspects:(1)There is an institutional dilemma in data confirmation,that is,data cross-border flow.Because of the ambiguity of the data rights and responsibilities in private law,it is difficult to accurately determine the ownership of the data,which makes it difficult to fully protect the interests of data controllers and financial data subjects;(2)The overall regulatory thinking needs to be changed.And coordination,that is,there are still conflicts in regulatory thinking and methods between relevant laws and regulations,and some regulatory methods are too strict,causing them to ignore the normal needs of cross-border flow of financial data;(3)The connotation and scope of data controllers are not regulated.It is clear that the obligations of data controllers are not unified,and there are conflicts and omissions;(4)The financial data classification mechanism is unreasonable,and the classification mechanism does not match the regulatory measures for cross-border flows.By analyzing and comparing the regulatory methods of the United States and the European Union with relatively mature financial data cross-border regulatory systems,and combining China’ s legislative process and actual economic and social conditions,this article proposes that China can respond to current problems and focus on the future development of the financial industry from the following four Improvements In several aspects:(1)Grant data rights to financial data subjects and use them as a defensive right to protect financial data subjects;(2)Appropriately relax the cross-border regulation of financial data,in order to maintain financial market stability and protect national security.On the basis of this,try to maximize the economic value of financial data;(3)Make detailed regulations on the scope of financial data controllers,and use risk prevention as a guide to further clarify the data quality assurance they undertake in cross-border data transmission Obligations and data security protection obligations;(4)Classify and regulate financial data based on the purpose of exporting financial data and data security level,and carry out more flexible exit approval models for special application scenarios of special financial data. |
