Research On The Extraterritorial Application Of The Personal Information Protection Law

The extraterritorial application of personal information protection law is not only necessary to protect the rights and interests of personal information,but also necessary to maintain national data sovereignty.The extraterritorial application of the Personal Information Protection Law in China has a relatively short period of time,and lacks the guidance of relevant judicial interpretations and the support of supporting systems in practice.Therefore,researching the extraterritorial application of personal information protection laws in Europe and the United States,exploring their advanced experience and possible problems,has very important practical significance for improving the extraterritorial application of the Personal Information Protection Law in China.Using the methods of literature analysis,comparative analysis,and case analysis,based on the theoretical basis of personal information rights and data sovereignty,this thesis analyzes the extraterritorial application provisions of the Personal Information Protection Law in China,points out the shortcomings of the extraterritorial application provisions of the Personal Information Protection Law in China,and combines the experience of extraterritorial application of foreign personal information protection laws to propose specific suggestions for improving the extraterritorial application of the Personal Information Protection Law in China.In addition to the introduction and conclusion,the thesis is divided into four parts.The first part analyzes the theoretical basis of extraterritorial application of personal information protection law.The extraterritorial application of the personal information protection law aims to safeguard the rights and interests of personal information and national data sovereignty.On the one hand,based on the personality and property attributes of personal information rights,it is necessary to extend the effectiveness of domestic personal information protection laws to extraterritorial areas to provide comprehensive protection of personal information rights.On the other hand,based on the principle of data sovereignty,a country not only has the obligation to protect personal information generated within its own territory from extraterritorial infringement,but also bears the responsibility to regulate the processing of extraterritorial personal information.The second part analyzes the current situation and shortcomings of the extraterritorial application provisions of the Personal Information Protection Law in China.The Personal Information Protection Law in China has formed extraterritorial applicable standards such as “Standard for the Place of Conduct for Processing” “Target Oriented standard” and “Personal Information Transmission Standard” and has corresponding law enforcement and judicial systems.However,due to the recent promulgation of the Personal Information Protection Law,there is a lack of relevant judicial interpretation,and there are difficulties such as vague rules on the extraterritorial effect,gaps in cross-border transmission rules,doubts about the effectiveness of extraterritorial law enforcement,inadequate extraterritorial recognition and enforcement of judicial decisions,and extraterritorial conflict of laws.The third part analyzes the standards and enlightenments of extraterritorial application of foreign personal information protection laws.Standards such as “Business Premises Standard” “Target Oriented Standard” “Data Transmission Standard” and“Resident Standard” are representative extraterritorial application standards in foreign personal information protection laws.By analyzing the reasons for the establishment and applicable elements of these four standards,it can be concluded that the extraterritorial application of foreign personal information protection laws has the following characteristics and enlightenment: expanding the actual connection between personal information processing behavior and the territory;specifying the applicable rules of“Target Oriented Standard”;enhancing the operability of cross-border transmission rules of personal information;ensuring the effective extraterritorial implementation of the personal information protection law.The fourth part puts forward suggestions for improving the extraterritorial application of the Personal Information Protection Law in China.In view of the deficiencies in the extraterritorial application of the Personal Information Protection Law in China,appropriate reference should be made to relevant systems in Europe and the United States,and in combination with the current situation of personal information protection in China.At the domestic level,China should refine rules of the extraterritorial effect,improve personal information outbound arrangements,and introduce the principle of international comity to resolve legal conflicts.At the international level,China should establish a cross-border law enforcement cooperation mechanisms and improve the extraterritorial recognition and enforcement mechanisms of judicial decisions.