A Study On The Extraterritorial Effect Of Personal Data Protection Act

Personal data plays a significant role in the information age,not only to citizens,but also to sovereign states.In response to the rapid development of digital technology,sovereign states consider data governance as important content.On the whole,there are two ideas,one is to encourage the mining of data resources and data flow,the other is to conditionally restrict data flow based on the human rights protection.However,no matter what concept a sovereign country adopts,it is a significant feature in new round of legislation to clarify the extraterritorial effect of personal data protection act(PDPA).At present,strengthening extraterritorial legislation is also an important task of legal construction.So strengthening the construction of the extraterritorial effect of PDPA should also become the focus of studies.This thesis mainly studies the legal basis of the extraterritorial effect of PDPA,the coordination principles and models of conflicts.Except for introduction and conclusion,there are four chapters with total number of words about 50,000.The first chapter is “Basic Issues of Extraterritorial Effect of PDPA".Use normative analysis method to define the object and expound the basic issues of the thesis.Firstly,demonstrate the nature of PDPA from the protection object,legal relationship and remedy.Secondly,distinguish the difference between territorial and extraterritorial effect,the difference among extraterritorial jurisdiction,extraterritorial effect and extraterritorial application.Define the extraterritorial effect from a narrow perspective and clarify the scope of the thesis.Thirdly,analyze the political and economic basis of the extraterritorial effect of PDPA from three aspects,economic,realistic and national practice.Demonstrate the rationality of sovereign states expanding the scope of PDPA in the era of big data,which is in line with the objective needs of national economic development and human rights protection.The second chapter is "Legal Basis of the Extraterritorial Effect of PDPA".Summarize the jurisdictional connection points in the latest PDPAs of major countries and analyze the legal basis of the extraterritorial effect of PDPA.Summarize the jurisdictional connection points in the latest PDPAs of the European Union,the United States,Brazil and Japan.Taking the jurisdictional connection points in specific legal provisions as the object,analyze the relationship between them and the traditional jurisdictional principles.And analyze whether the extraterritorial effect of PDPA breaks through the traditional jurisdictional principles.Through the method of summarization and comparative analysis,study the legal basis of the extraterritorial effect of PDPA,and find out the rationality and problems of the new jurisdictional connection points.The third chapter is "The Conflict and Coordination of Extraterritorial Effect of PDPA".Referring to the method of coordinating the conflicts of extraterritorial effect in the economic control laws and considering the particularity of PDPA,propose the principles and patterns of coordinating the conflicts of extraterritorial effect of PDPA.Firstly,analyze the conflicts of extraterritorial effect caused by the expansion of the scope of PDPAs in various countries,and then propose that sovereign countries should coordinate legal extraterritorial conflicts in accordance with the principles of national sovereignty,international comity and reasonableness.And strengthen dialogue and exchanges with other countries through bilateral agreements,regional cooperation and international conventions.On the basis of digital trade between countries,find out consensus on personal data protection,reach an agreement on data protection at data subjects,countries and enterprises.And seek a balance between personal data protection and the free flow of data,which replace the unilateral jurisdiction of sovereign states by bilateral or multilateral cooperation.The fourth chapter is "the Improvement and Suggestions on the Extraterritorial Effect of Personal Information Protection Act".From the current situation of legislation and judicial practice,put forward some suggestions to clarify the extraterritorial effect of PIPA.A relatively complete legal system for personal data protection has been formed in legislation and paid more attention to the protection of personal data in judicial practice.However,the extraterritorial effect of the law is not clear in legislation.The territoriality in judicial practice is obvious,which is not conducive to the extraterritorial protection of personal data.The thesis proposes that China should base on its own national conditions,focus on mining the value of data and learn from the latest legislation to clarify the extraterritorial effect of PDPA.For example,define the legislative purpose of human rights protection clearly in the legislation and stipulate extraterritorial effect clauses.Clarify the responsibilities of personal data regulatory agencies,use regulatory methods flexibly and actively to take countermeasures to ensure the implementation of extraterritorial effect.At the same time,through bilateral and multilateral cooperation among the countries,coordinate the conflicts that may arise from the extraterritorial effect of PDPAs.And seek a balance between data security and the promotion of data trade.