Research On Cross-border Data Flow Rules From The Perspective Of National Security

The rapid development of the digital economy has meant that the issue of data flow across borders has gradually attracted the attention of all sectors of society.The rise of emerging technologies brings convenience and efficiency to firms through the cross-border flow of data,but also raises a range of security concerns.Take two typical cross-border data flow events as examples: "The US government cracked down on Tik Tok in 2020" and "Didi Chuxing was jointly examined by seven national departments in 2021".The former is that Chinese enterprises going overseas are subject to the regulations of the country they are in,and the latter is that Chinese data going abroad is examined by Chinese state departments.These two incidents reflect that different regions and countries have different regulatory rules for domestic data activities and different countries’ requirements for national security.When an enterprise entity involved in the cross-border flow of data is faced with the inconsistent requirements of two regions,it can find a way to meet the requirements of the host country and the countries and regions to which its business activities are located at the same time.This requires the efforts of relevant international organizations to negotiate the multi-agreed cross-border flow of data rules to reduce disputes and disputes in the transaction process.Under the premise of ensuring national security,orderly and legal cross-border flow of data should be realized to promote economic development.The purpose of this paper is to discuss the relevant content of cross-border data flow rules from a national security perspective,it analyzes the relationship between cross-border data flow and national security by using literature analysis and comparative analysis,the rules for cross-border flow of data formulated by various countries for security considerations,and different ideas,positions and trends of global cross-border data flow,points out China’s future strategic choices,and explains from three aspects:starting point,goal and action.The main focus of this paper is sixfold: first,the introductory part foregrounds the background and research significance of the topic of cross-border data flow rules,analyze the relationship between cross-border data flow and national security,sort out the domestic and foreign literature,summarize its research status,clarify the ideas,and summarize the innovative points and challenges.Secondly,the concepts of cross-border data flow,cross-border flow data classification,data security,and cross-border data flow rules are defined,and the importance of data security and the necessity of constructing data cross-border flow rules are clarified.Third,it analyzes the consensus on existing rules reached after major countries sign international agreements for security reasons,mainly involving the European Union,the United States,Mexico,Canada,Chile,New Zealand,Singapore,India,Russia and other countries.Grasp the ideas of global cross-border data flow regulation and the different positions of major countries,and study and judge future trends.Finally,from the perspective of national security,what kind of strategic choices China should make are summarized,from China’s current participation status,experience and lessons learned,advantages and disadvantages,opportunities and challenges,clarify the three major action goals of security,interests and development,and deduce that the two main bodies of the government and enterprises should take action and actively explore the establishment of rules for cross-border data flow under the premise of security.