Legal Regulation Of Cross-border Flow Of Personal Data And Chinese Response

In recent years,large-scale personal data has frequently flowed between countries,affecting the political and economic landscape of the world at multiple levels.The cross-border flow of personal data has become one of the important foundations for the development of the world’s digital economy.The massive use of personal data affects the balance between data security and economic development.How to balance the two has become an important issue that countries around the world need to solve.Based on the different political systems,economic levels and cultural traditions of different countries and regions,different regulations on the cross-border flow of personal data have been developed.The European Union pays attention to the protection of personal data and has established a cross-border flow system of personal data with conditional flow;the United States advocates the free flow of data and has built a relatively loose cross-border flow system of personal data;Russia advocates localized data storage and has established a strict data export system.review link.In the regulation of cross-border flow of personal data,my country is facing the same problem,and it is urgent to find a balance of interests between data flow and data security.The first and second chapters are background introduction,literature review and definition of basic concepts.Firstly,the research status at home and abroad is reviewed,and the research objectives and theoretical basis of this paper are put forward.Secondly,based on the domestic research foundation and the results of extraterritorial legislation,the existing theories are analyzed,and basic concepts such as personal data,cross-border flow of personal data,and data localization are defined.Finally,the basic concepts are defined,and the legal significance of protecting personal data is derived through the two theories of personal data personality rights and personal data property rights,and then it is proposed to study the legal regulation of cross-border flow of personal data.value and significance.The third chapter is to introduce the international mainstream model and conduct a typological comparative study.The United States and the European Union have a large influence and occupy the current international mainstream status of personal data cross-border flow regulation models.Using the historical research method,it deeply analyzes the legislative changes in the United States and the European Union,and then uses the comparative research method to select Russia,which advocates data localization,as a model.It is pointed out that due to the differences in the three legislative value preferences of the United States,the European Union and Russia,the United States pays more attention to the economic development brought about by data flow,while the European Union pays more attention to the consideration of data security,and Russia gives up some economic benefits and pursues data security and national security.sovereignty.The three legislative models have also produced different effects in practice.Although the United States ranks first in the digital economy,personal data leaks frequently occur;the EU’s digital economy is developing steadily,but it is difficult to expand the digital market;Russia’s digital economy is lagging behind,but Data storage has a high degree of security.The fourth chapter explores the relevant rules of China’s regulation of cross-border flow of personal data from two levels at home and abroad.First,at the domestic level,relevant rules are sorted out from three levels: basic laws,administrative regulations and local regulations.Secondly,by analyzing the overview of the international treaties and initiatives China has participated in,it demonstrates the international cooperation situation of China’s participation in the cross-border flow of personal data.The main problems are as follows: the separate consent rules required for cross-border personal data lack specific implementation methods;the long-arm jurisdiction cannot be effectively blocked;the cost of corporate data compliance is too high;China’s strategic proposition in international cooperation needs to be further clarifiedThe fifth chapter solves the problem.On the basis of analyzing and comparing the advantages and disadvantages of extraterritorial laws,and clarifying the core problems of my country’s system,the solution is proposed: constructing a responsive governance model based on the balance of interests;clarifying the implementation form of the separate consent rule;the government guides and helps enterprises to comply with data compliance;Strengthen blocking mechanism;Actively participate in the formulation of international rules and enhance China’s voice in international cooperation.