| With the rapid development of information technology,various industries have called for better management of personal information and data.In recent years,the discussion on cross-border regulation of personal financial data in the financial industry has also received increasing attention from the theoretical community and the industry.Under the current financial regulatory system,traditional banks have the obligation to keep customer data confidential,but with the development of big data technology,this obligation has been extended to the maintenance of personal financial data,and under the current financial regulatory system,the regulation and protection of personal financial data across borders is a very important issue that should receive sufficient attention.In this paper,we have conducted a five-part research on the theme of "cross-border personal financial data" : the first part is a theoretical analysis of personal financial data.The first part is a theoretical analysis of personal financial data,which mainly defines and distinguishes personal data from personal information,personal financial data from personal financial information,and discusses the concept of cross-border flow of data,based on which the purpose of cross-border flow of personal financial data and the scope of personal financial data are analyzed and discussed to determine the theoretical basis of this paper.The second part is to analyze the risks of personal financial data and the necessity of legal regulation in China.As personal financial data not only involves personal security,but also financial security and even national security,revealing its risks can help us better understand the necessity of legal regulation,and also help construct scientific and reasonable rules for cross-border flow.The third part is an analysis of the current situation of the regulation of cross-border flow of personal financial data in China,and an in-depth discussion of the current realistic dilemma of cross-border data in China.The current regulation of cross-border flow of personal financial data in China is unclear and inconsistent,and no independent regulator has been established,which brings difficulties to the cross-border protection of personal financial data to a certain extent,so the analysis of the current situation and dilemma of the regulation will help China to build rules for cross-border flow of personal financial data that meet the characteristics and requirements of China,but at the same time can be in line with the international rules.The fourth part is a comparative study on the cross-border regulation of personal financial data.This part mainly focuses on the international common means of data cross-border flow regulation,tries to analyze some foreign cross-border flow cases,extracts the characteristics of foreign regulation of cross-border flow data,introduces and analyzes them,and helps China to construct a system with our characteristics and at the same time can effectively absorb the advanced practices of other countries and regions.The fifth part is the suggestions for improving the cross-border flow of personal financial data in China.In the regulation of cross-border flow of personal financial data,it is necessary to build a unified regulatory system and to establish a national data regulatory authority,which is a necessary factor for the cross-border processing and protection of personal financial data.In addition,a dynamic regulation can be implemented for personal financial data in different scenarios,which can be integrated with various scenarios so as to better regulate personal financial data after technical processing.On this basis,China can also cooperate with other countries to promote the establishment of an international personal financial data protection mechanism.The innovation of this paper lies in: first,the innovation of the topic: financial data,personal financial information,and cross-border flow of data are the three major areas of international concern,and the academic achievements in all three areas are of great significance,but few scholars have combined them for research.In China,personal financial data is a special kind of personal data,which has more far-reaching implications in cross-border flows and thus becomes the foothold of this thesis’ research.Second,innovative exploration from the theoretical point of view: for the security and circulation of personal financial data in China,most scholars have focused on the relevant theories and provided useful reference for the security and circulation of personal financial data in China through the comparison of relevant foreign legislation.This topic intends to conduct a systematic theoretical study of China’s relevant legislation,analyze in depth the problems in China’s relevant legislation and judicial practice,and conduct an in-depth study of China’s relevant legislation in the light of China’s actual situation,and then conduct a specific analysis of the representative legislation of European and American countries according to China’s specific situation,and conduct a comparison and reflection,and then examine the synergistic effect of the two kinds of legislation,and finally determine whether China In the end,we will determine whether our country can refer to the development and practice of legislation and judicial practice in China,and conduct a useful exploration.The shortcomings of this paper are: first,because China has just promulgated the data exit security assessment method,there are not many cases of regulation for many kinds of data crossing the border,so this paper fails to conduct an empirical study on the exit of personal financial data in China.Second,based on my academic ability,it is difficult to sort out and analyze foreign cases to a very deep level,and it is not comprehensive enough to rely only on the data cross-border regulation in the United States and the European Union. |