Study On The Extraterritorial Effects Of Legislation On The Cross-Border Flow Of Personal Information

With the rapid development of Internet technology,the cross-border flow of personal information has become more and more common,but in order to protect the security of domestic personal information,facilitate domestic law enforcement,pave the way for the development of domestic Internet industry,and increase national voice in the construction of global data rules,etc.,the provisions of various countries to protect personal information are inevitably different,so it is easy to lead to conflicts in the application of law.It is particularly important and urgent to properly address this issue.It is worth noting that the extraterritorial application of legislation in the field of personal information has become a new trend in the information age,and many countries have joined the team of extraterritorial application of personal information laws.Personal information is a special right,which carries other values as a basic human right,and may even affect national security and economic development.The fluidity and unboundedness of data coupled with the development of information globalization make personal information inevitably flow around the world,and if the scope of application of personal information protection laws is only limited to China,the effect of fully protecting personal information cannot be achieved,but the extraterritorial application of strong domestic laws is also easy to attract exclusion and confrontation from other countries.When the applicable standards of laws vary from country to country,it will also increase the burden on Internet enterprises,which is not conducive to the innovation and development of the Internet industry.Disputes over the protection of personal information between private and public entities around the world have inspired countries to re-examine this issue.The extraterritorial evidence collection rules of personal information in the United States are very strong and have obvious unilateralism,but the flow of information within its territory is relatively free;The personal information protection rules set by the EU are particularly strict,which also puts huge compliance pressure on enterprises outside the EU.This not only brings great challenges to the protection of personal information and national security in China,but also is not conducive to the global development of China’s Internet enterprises.In this regard,China must respond calmly,and when China’s personal information protection measures are not yet perfect,it should analyze and learn from extraterritorial experience to provide experience for China’s subsequent institutional construction and measure improvement,and counteract the extraterritorial application of some unreasonable laws of other countries.At the same time,Internet enterprises should also strengthen compliance construction,actively abide by the laws of other countries,actively promote the free flow of data on the basis of legal compliance,improve data flow rules,and provide a secure data environment for the free flow of personal information.At the level of international law,China should also pay attention to the principles of international cooperation and equality and reciprocity,actively promote the signing of bilateral and multilateral judicial assistance treaties,so as to deal with legal conflicts in the field of personal information,and peacefully and efficiently carry out overseas personal information collection,which is also in line with China’s concept of peaceful development.The signing and implementation of treaties cannot be completed unilaterally,and when international cooperation is difficult to achieve in the short term,it is necessary to appropriately promote the extraterritorial application of China’s domestic laws at the level of domestic laws to better safeguard China’s network personal information security,economic security and national security.In line with the new requirements put forward by China in recent years to strengthen the extraterritorial application of China’s laws to enhance the modernization of the international governance system and international governance capabilities.Continue to do a good job of countering the improper extraterritorial application of foreign laws,and coordinate the relationship between China’s personal information protection and anti-foreign sanctions laws;Clarify the categorical protection and handling of personal information within China,and give different degrees of legal protection based on the correlation between different data in personal information and citizens’ privacy.Through the coordination of international law and domestic law,a complete regulatory system for the cross-border flow of personal information will be established at an early date to ensure the safe and free flow of data,conform to the trend of the times,and enhance China’s competitiveness in the Internet industry.