European And American Regulations On The Cross-border Flow Of Personal Information And The Improvement Of China’s System

In the era of big data,the value of personal information is increasingly prominent,and the cross-border flow of personal information is increasingly frequent.The digital economy has provided new opportunities for social development,but also brought challenges to individual rights and information security.To strengthen the protection of personal information and maximize the value of personal information,so as to promote economic and social development,it is an urgent problem for countries to build a legal system of cross-border flow of personal information and implement the digital market strategy.In this context,both the European Union and the United States have formed their own distinctive regulation models for the cross-border flow of personal information:Taking personal information protection as the leading role,the EU has adopted relatively strict restrictions on the cross-border flow of personal information,resulting in the most stringent personal information protection law in history--the General Data Protection Regulation(GDPR).The GDPR adopts the adequacy identification,binding company rules,standard contract terms and other regulatory methods to regulate relevant entities in one body.The United States,on the other hand,has included personal information into the privacy protection system without unified legislation,but relies more on industry self-discipline and the construction of international regulatory system to pursue the free flow of personal information,and tries to dominate the formulation of international rules.Based on the experience of Europe and America and the situation of our country,we need to form and perfect the legal regulation of cross-border flow of personal information.In August 2021,the Personal Information Protection Law was promulgated,establishing a framework for regulating the cross-border flow of personal information in China.The Law has introduced many bright measures in the aspects of personal information processing obligations and corporate data compliance,which not only helps to improve the level of personal information protection and governance in China,but also can improve China’s discourse power in the field of cross-border personal information flow in the global scope.The law and relevant laws and regulations have shown the world China’s plan for the regulation of cross-border personal information flow.However,the law also has deficiencies such as regulatory loopholes and strict data localization policies.At the present stage,China should continue to strengthen the construction of systems related to the cross-border flow of personal information,further improve the regulatory system,adjust policy,actively participate in the formulation of international rules,reduce the restrictions on the cross-border flow of personal information on the premise of protecting the security of personal information,and promote China’s plan to the world.