Cooperation On International Regulation Of Cross-border Flows Of Personal Data

The system of cross-border data flow refers to the collection of basic positions and supporting measures taken by a government for cross-border data collection,transmission,processing and other activities.The system of cross-border personal data flow,as a subset of the system of cross-border data flow,refers to the basic stance and relevant measures of a country on the inflow of personal data from its territory into other countries for collection,transmission,processing and other activities.Data is evolving rapidly,and international rules are changing dynamically.From the perspective of international regulatory cooperation,due to the differences in value orientation and ideology,personal data flow rules are mostly based on domestic laws,and international regulatory cooperation faces two practical dilemmas.In legislation,the international regulation system is absent.On the one hand,the principle of crossborder flow of personal data is not clear.The principle of adequacy,consistency and informed consent serve as the legal basis for cross-border flow of personal data,and countries follow it to different degrees in their legislation.On the other hand,different rules on personal data protection and gaps in data protection levels,authentication standards and privacy protection methods between countries further hinder the development of international regulatory cooperation;In law enforcement,there are legal conflicts in the jurisdiction of personal data.Based on its network dominance,the United States intends to establish digital hegemony.The EU protects human rights through long-arm jurisdiction,which makes it difficult to resolve the differences in the jurisdiction methods of different countries and affects cooperation.It is difficult to bridge the differences in the concept,standard,scene application and discriminatory provisions of personal data protection,and there is a lack of effective remedies.This paper analyzes the reasons for the difficulties of international regulatory cooperation,including the obvious differences in the regulatory paths of cross-border personal data flow in various countries,the imbalance between personal privacy protection and cross-border data flow,and the imperfect supervision mechanism of international cooperation.In view of this,international regulatory cooperation on the cross-border flow of personal data should follow the international basic principles,formulate general privacy standards,and promote the construction of international rule of law.Countries themselves should improve their personal data protection standards,build a trust bridge in cooperation,share data dividends,adopt reasonable solutions,alleviate data interest conflicts,and achieve a balance between personal privacy protection and data cross-border flow,data sovereignty security and economic interest development.Finally,it puts forward some feasible measures in line with our national situation:internalizing the international regulation,improving the national personal data crossborder flow standard;Promoting in-depth cooperation and building multilateral and bilateral mechanisms and regional rules;Balance geopolitics and strive to build a community of shared future with data.By looking for the future legislative direction on the cross-border flow of personal data,we will strive to balance the flow and security of data,and actively promote the further deepening of international regulatory cooperation.