International Regulation And Co-operationof Transborder Flows Of Personal Data

Because of the globalization, electronization and internetization of internationaltrade, Transborder Flows of Personal Data has become an unavoidable topic both onprotection of information privacy and development of e-commerce. Regulation ofTransborder Data Flows (TDF) should balance the conflicting interests. As with thelegislators, they have to consider whether to restrict the flows of information in orderto protect human rights, or to facilitate them which is required by the free marketeconomy. Based on this main line, author illustrated the issue from the following fouraspects:Chapter Ⅰ “Definition and Scope” clarified the scope of TDF’s legal system andits relationship with other legal departments; it compared the difference in thedefinitions of personal data, personal information and privacy information; it alsoanalyzed the dual values of regulation on TDF.Chapter Ⅱ “History and Development” comprehensively introduced the presentworldwide legislation of TDF, including early attempts in European countries,international legal regimes of OECD, UN and WTO, regional legal regimes ofCouncil of Europe, EU and APEC, self-regulatory mechanisms (SCCs, BCRs,U.S.-EU Safe Harbor Framework, Model Codes and International Standards), and thetrends of TDF’s regulation in future.Chapter Ⅲ “Approaches and Reflection” compared the above regimes’ differences in their legislative purposes, underlying policies and implementation effect;it analyzed the applicable laws and jurisdiction conflicts of TDF; it also explained theimportance of promoting international co-operation and developing a unified code.Chapter Ⅳ “Assimilation and Co-operation” introduced the legal system ofpersonal information protection and related data protection agencies in China, andoffered some recommendations of options on participating in the internationalco-operation of TDF.In conclusion, protecting the information rights and facilitating the flows ofpersonal data do not essentially have to be in confliction, but could rather be in mutualpromotion. Encouraging and participating in various international co-operation,promoting interoperability and harmonization between different legal systems, are allimportant missions for TDF’s future development. For our nation, active and effectiveco-operation can not only promote our level of personal information protectioneffectively, but also stimulate the development of international trade and informationindustries vigorously.